The Design and Implementation of the FreeBSD Operating System, Second Edition
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sys/OPENSOLARIS.LICENSE

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    1 Unless otherwise noted, all files in this distribution are released
    2 under the Common Development and Distribution License (CDDL).
    3 Exceptions are noted within the associated source files.
    4 
    5 --------------------------------------------------------------------
    6 
    7 
    8 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
    9 
   10 1. Definitions.
   11 
   12     1.1. "Contributor" means each individual or entity that creates
   13          or contributes to the creation of Modifications.
   14 
   15     1.2. "Contributor Version" means the combination of the Original
   16          Software, prior Modifications used by a Contributor (if any),
   17          and the Modifications made by that particular Contributor.
   18 
   19     1.3. "Covered Software" means (a) the Original Software, or (b)
   20          Modifications, or (c) the combination of files containing
   21          Original Software with files containing Modifications, in
   22          each case including portions thereof.
   23 
   24     1.4. "Executable" means the Covered Software in any form other
   25          than Source Code.
   26 
   27     1.5. "Initial Developer" means the individual or entity that first
   28          makes Original Software available under this License.
   29 
   30     1.6. "Larger Work" means a work which combines Covered Software or
   31          portions thereof with code not governed by the terms of this
   32          License.
   33 
   34     1.7. "License" means this document.
   35 
   36     1.8. "Licensable" means having the right to grant, to the maximum
   37          extent possible, whether at the time of the initial grant or
   38          subsequently acquired, any and all of the rights conveyed
   39          herein.
   40 
   41     1.9. "Modifications" means the Source Code and Executable form of
   42          any of the following:
   43 
   44         A. Any file that results from an addition to, deletion from or
   45            modification of the contents of a file containing Original
   46            Software or previous Modifications;
   47 
   48         B. Any new file that contains any part of the Original
   49            Software or previous Modifications; or
   50 
   51         C. Any new file that is contributed or otherwise made
   52            available under the terms of this License.
   53 
   54     1.10. "Original Software" means the Source Code and Executable
   55           form of computer software code that is originally released
   56           under this License.
   57 
   58     1.11. "Patent Claims" means any patent claim(s), now owned or
   59           hereafter acquired, including without limitation, method,
   60           process, and apparatus claims, in any patent Licensable by
   61           grantor.
   62 
   63     1.12. "Source Code" means (a) the common form of computer software
   64           code in which modifications are made and (b) associated
   65           documentation included in or with such code.
   66 
   67     1.13. "You" (or "Your") means an individual or a legal entity
   68           exercising rights under, and complying with all of the terms
   69           of, this License.  For legal entities, "You" includes any
   70           entity which controls, is controlled by, or is under common
   71           control with You.  For purposes of this definition,
   72           "control" means (a) the power, direct or indirect, to cause
   73           the direction or management of such entity, whether by
   74           contract or otherwise, or (b) ownership of more than fifty
   75           percent (50%) of the outstanding shares or beneficial
   76           ownership of such entity.
   77 
   78 2. License Grants.
   79 
   80     2.1. The Initial Developer Grant.
   81 
   82     Conditioned upon Your compliance with Section 3.1 below and
   83     subject to third party intellectual property claims, the Initial
   84     Developer hereby grants You a world-wide, royalty-free,
   85     non-exclusive license:
   86 
   87         (a) under intellectual property rights (other than patent or
   88             trademark) Licensable by Initial Developer, to use,
   89             reproduce, modify, display, perform, sublicense and
   90             distribute the Original Software (or portions thereof),
   91             with or without Modifications, and/or as part of a Larger
   92             Work; and
   93 
   94         (b) under Patent Claims infringed by the making, using or
   95             selling of Original Software, to make, have made, use,
   96             practice, sell, and offer for sale, and/or otherwise
   97             dispose of the Original Software (or portions thereof).
   98 
   99         (c) The licenses granted in Sections 2.1(a) and (b) are
  100             effective on the date Initial Developer first distributes
  101             or otherwise makes the Original Software available to a
  102             third party under the terms of this License.
  103 
  104         (d) Notwithstanding Section 2.1(b) above, no patent license is
  105             granted: (1) for code that You delete from the Original
  106             Software, or (2) for infringements caused by: (i) the
  107             modification of the Original Software, or (ii) the
  108             combination of the Original Software with other software
  109             or devices.
  110 
  111     2.2. Contributor Grant.
  112 
  113     Conditioned upon Your compliance with Section 3.1 below and
  114     subject to third party intellectual property claims, each
  115     Contributor hereby grants You a world-wide, royalty-free,
  116     non-exclusive license:
  117 
  118         (a) under intellectual property rights (other than patent or
  119             trademark) Licensable by Contributor to use, reproduce,
  120             modify, display, perform, sublicense and distribute the
  121             Modifications created by such Contributor (or portions
  122             thereof), either on an unmodified basis, with other
  123             Modifications, as Covered Software and/or as part of a
  124             Larger Work; and
  125 
  126         (b) under Patent Claims infringed by the making, using, or
  127             selling of Modifications made by that Contributor either
  128             alone and/or in combination with its Contributor Version
  129             (or portions of such combination), to make, use, sell,
  130             offer for sale, have made, and/or otherwise dispose of:
  131             (1) Modifications made by that Contributor (or portions
  132             thereof); and (2) the combination of Modifications made by
  133             that Contributor with its Contributor Version (or portions
  134             of such combination).
  135 
  136         (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
  137             effective on the date Contributor first distributes or
  138             otherwise makes the Modifications available to a third
  139             party.
  140 
  141         (d) Notwithstanding Section 2.2(b) above, no patent license is
  142             granted: (1) for any code that Contributor has deleted
  143             from the Contributor Version; (2) for infringements caused
  144             by: (i) third party modifications of Contributor Version,
  145             or (ii) the combination of Modifications made by that
  146             Contributor with other software (except as part of the
  147             Contributor Version) or other devices; or (3) under Patent
  148             Claims infringed by Covered Software in the absence of
  149             Modifications made by that Contributor.
  150 
  151 3. Distribution Obligations.
  152 
  153     3.1. Availability of Source Code.
  154 
  155     Any Covered Software that You distribute or otherwise make
  156     available in Executable form must also be made available in Source
  157     Code form and that Source Code form must be distributed only under
  158     the terms of this License.  You must include a copy of this
  159     License with every copy of the Source Code form of the Covered
  160     Software You distribute or otherwise make available.  You must
  161     inform recipients of any such Covered Software in Executable form
  162     as to how they can obtain such Covered Software in Source Code
  163     form in a reasonable manner on or through a medium customarily
  164     used for software exchange.
  165 
  166     3.2. Modifications.
  167 
  168     The Modifications that You create or to which You contribute are
  169     governed by the terms of this License.  You represent that You
  170     believe Your Modifications are Your original creation(s) and/or
  171     You have sufficient rights to grant the rights conveyed by this
  172     License.
  173 
  174     3.3. Required Notices.
  175 
  176     You must include a notice in each of Your Modifications that
  177     identifies You as the Contributor of the Modification.  You may
  178     not remove or alter any copyright, patent or trademark notices
  179     contained within the Covered Software, or any notices of licensing
  180     or any descriptive text giving attribution to any Contributor or
  181     the Initial Developer.
  182 
  183     3.4. Application of Additional Terms.
  184 
  185     You may not offer or impose any terms on any Covered Software in
  186     Source Code form that alters or restricts the applicable version
  187     of this License or the recipients' rights hereunder.  You may
  188     choose to offer, and to charge a fee for, warranty, support,
  189     indemnity or liability obligations to one or more recipients of
  190     Covered Software.  However, you may do so only on Your own behalf,
  191     and not on behalf of the Initial Developer or any Contributor.
  192     You must make it absolutely clear that any such warranty, support,
  193     indemnity or liability obligation is offered by You alone, and You
  194     hereby agree to indemnify the Initial Developer and every
  195     Contributor for any liability incurred by the Initial Developer or
  196     such Contributor as a result of warranty, support, indemnity or
  197     liability terms You offer.
  198 
  199     3.5. Distribution of Executable Versions.
  200 
  201     You may distribute the Executable form of the Covered Software
  202     under the terms of this License or under the terms of a license of
  203     Your choice, which may contain terms different from this License,
  204     provided that You are in compliance with the terms of this License
  205     and that the license for the Executable form does not attempt to
  206     limit or alter the recipient's rights in the Source Code form from
  207     the rights set forth in this License.  If You distribute the
  208     Covered Software in Executable form under a different license, You
  209     must make it absolutely clear that any terms which differ from
  210     this License are offered by You alone, not by the Initial
  211     Developer or Contributor.  You hereby agree to indemnify the
  212     Initial Developer and every Contributor for any liability incurred
  213     by the Initial Developer or such Contributor as a result of any
  214     such terms You offer.
  215 
  216     3.6. Larger Works.
  217 
  218     You may create a Larger Work by combining Covered Software with
  219     other code not governed by the terms of this License and
  220     distribute the Larger Work as a single product.  In such a case,
  221     You must make sure the requirements of this License are fulfilled
  222     for the Covered Software.
  223 
  224 4. Versions of the License.
  225 
  226     4.1. New Versions.
  227 
  228     Sun Microsystems, Inc. is the initial license steward and may
  229     publish revised and/or new versions of this License from time to
  230     time.  Each version will be given a distinguishing version number.
  231     Except as provided in Section 4.3, no one other than the license
  232     steward has the right to modify this License.
  233 
  234     4.2. Effect of New Versions.
  235 
  236     You may always continue to use, distribute or otherwise make the
  237     Covered Software available under the terms of the version of the
  238     License under which You originally received the Covered Software.
  239     If the Initial Developer includes a notice in the Original
  240     Software prohibiting it from being distributed or otherwise made
  241     available under any subsequent version of the License, You must
  242     distribute and make the Covered Software available under the terms
  243     of the version of the License under which You originally received
  244     the Covered Software.  Otherwise, You may also choose to use,
  245     distribute or otherwise make the Covered Software available under
  246     the terms of any subsequent version of the License published by
  247     the license steward.
  248 
  249     4.3. Modified Versions.
  250 
  251     When You are an Initial Developer and You want to create a new
  252     license for Your Original Software, You may create and use a
  253     modified version of this License if You: (a) rename the license
  254     and remove any references to the name of the license steward
  255     (except to note that the license differs from this License); and
  256     (b) otherwise make it clear that the license contains terms which
  257     differ from this License.
  258 
  259 5. DISCLAIMER OF WARRANTY.
  260 
  261     COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
  262     BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
  263     INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
  264     SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
  265     PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
  266     PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
  267     COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
  268     INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
  269     NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
  270     WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
  271     ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
  272     DISCLAIMER.
  273 
  274 6. TERMINATION.
  275 
  276     6.1. This License and the rights granted hereunder will terminate
  277     automatically if You fail to comply with terms herein and fail to
  278     cure such breach within 30 days of becoming aware of the breach.
  279     Provisions which, by their nature, must remain in effect beyond
  280     the termination of this License shall survive.
  281 
  282     6.2. If You assert a patent infringement claim (excluding
  283     declaratory judgment actions) against Initial Developer or a
  284     Contributor (the Initial Developer or Contributor against whom You
  285     assert such claim is referred to as "Participant") alleging that
  286     the Participant Software (meaning the Contributor Version where
  287     the Participant is a Contributor or the Original Software where
  288     the Participant is the Initial Developer) directly or indirectly
  289     infringes any patent, then any and all rights granted directly or
  290     indirectly to You by such Participant, the Initial Developer (if
  291     the Initial Developer is not the Participant) and all Contributors
  292     under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
  293     notice from Participant terminate prospectively and automatically
  294     at the expiration of such 60 day notice period, unless if within
  295     such 60 day period You withdraw Your claim with respect to the
  296     Participant Software against such Participant either unilaterally
  297     or pursuant to a written agreement with Participant.
  298 
  299     6.3. In the event of termination under Sections 6.1 or 6.2 above,
  300     all end user licenses that have been validly granted by You or any
  301     distributor hereunder prior to termination (excluding licenses
  302     granted to You by any distributor) shall survive termination.
  303 
  304 7. LIMITATION OF LIABILITY.
  305 
  306     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
  307     (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
  308     INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
  309     COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
  310     LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
  311     CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
  312     LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
  313     STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
  314     COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
  315     INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
  316     LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
  317     INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
  318     APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
  319     NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
  320     CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
  321     APPLY TO YOU.
  322 
  323 8. U.S. GOVERNMENT END USERS.
  324 
  325     The Covered Software is a "commercial item," as that term is
  326     defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
  327     computer software" (as that term is defined at 48
  328     C.F.R. 252.227-7014(a)(1)) and "commercial computer software
  329     documentation" as such terms are used in 48 C.F.R. 12.212
  330     (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
  331     C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
  332     U.S. Government End Users acquire Covered Software with only those
  333     rights set forth herein.  This U.S. Government Rights clause is in
  334     lieu of, and supersedes, any other FAR, DFAR, or other clause or
  335     provision that addresses Government rights in computer software
  336     under this License.
  337 
  338 9. MISCELLANEOUS.
  339 
  340     This License represents the complete agreement concerning subject
  341     matter hereof.  If any provision of this License is held to be
  342     unenforceable, such provision shall be reformed only to the extent
  343     necessary to make it enforceable.  This License shall be governed
  344     by the law of the jurisdiction specified in a notice contained
  345     within the Original Software (except to the extent applicable law,
  346     if any, provides otherwise), excluding such jurisdiction's
  347     conflict-of-law provisions.  Any litigation relating to this
  348     License shall be subject to the jurisdiction of the courts located
  349     in the jurisdiction and venue specified in a notice contained
  350     within the Original Software, with the losing party responsible
  351     for costs, including, without limitation, court costs and
  352     reasonable attorneys' fees and expenses.  The application of the
  353     United Nations Convention on Contracts for the International Sale
  354     of Goods is expressly excluded.  Any law or regulation which
  355     provides that the language of a contract shall be construed
  356     against the drafter shall not apply to this License.  You agree
  357     that You alone are responsible for compliance with the United
  358     States export administration regulations (and the export control
  359     laws and regulation of any other countries) when You use,
  360     distribute or otherwise make available any Covered Software.
  361 
  362 10. RESPONSIBILITY FOR CLAIMS.
  363 
  364     As between Initial Developer and the Contributors, each party is
  365     responsible for claims and damages arising, directly or
  366     indirectly, out of its utilization of rights under this License
  367     and You agree to work with Initial Developer and Contributors to
  368     distribute such responsibility on an equitable basis.  Nothing
  369     herein is intended or shall be deemed to constitute any admission
  370     of liability.
  371 
  372 --------------------------------------------------------------------
  373 
  374 NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
  375 DISTRIBUTION LICENSE (CDDL)
  376 
  377 For Covered Software in this distribution, this License shall
  378 be governed by the laws of the State of California (excluding
  379 conflict-of-law provisions).
  380 
  381 Any litigation relating to this License shall be subject to the
  382 jurisdiction of the Federal Courts of the Northern District of
  383 California and the state courts of the State of California, with
  384 venue lying in Santa Clara County, California.

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