/src/FreeImage/Source/LibRawLite/LICENSE.CDDL

  1COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
  2
  31. Definitions.
  4
  51.1. Contributor means each individual or entity that creates or
  6contributes to the creation of Modifications.
  7
  81.2. Contributor Version means the combination of the Original
  9Software, prior Modifications used by a Contributor (if any),
 10and the Modifications made by that particular Contributor.
 11
 121.3. Covered Software means (a) the Original Software, or (b)
 13Modifications, or (c) the combination of files containing
 14Original Software with files containing Modifications, in each
 15case including portions thereof.
 16
 171.4. Executable means the Covered Software in any form other
 18than Source Code.
 19
 201.5. Initial Developer means the individual or entity that first
 21makes Original Software available under this License.
 22
 231.6. Larger Workmeans a work which combines Covered Software or
 24portions thereof with code not governed by the terms of this
 25License.
 26
 271.7. License means this document.
 28
 291.8. Licensable means having the right to grant, to the maximum
 30extent possible, whether at the time of the initial grant or 
 31subsequently acquired, any and all of the rights conveyed herein.
 32
 331.9. Modifications means the Source Code and Executable form of
 34any of the following: A. Any file that results from an addition
 35to, deletion from or modification of the contents of a file
 36containing Original Software or previous Modifications; B. Any
 37new file that contains any part of the Original Software or
 38previous Modification; or C. Any new file that is contributed or
 39otherwise made available under the terms of this License.
 40
 411.10. Original Software means the Source Code and Executable
 42form of computer software code that is originally released under
 43this License.
 44
 451.11. Patent Claims means any patent claim(s), now owned or
 46hereafter acquired, including without limitation, method,
 47process, and apparatus claims, in any patent Licensable by
 48grantor.
 49
 501.12. Source Code means (a) the common form of computer software
 51code in which modifications are made and (b) associated
 52documentation included in or with such code.
 53
 541.13. You (or Your) means an individual or a legal entity
 55exercising rights under, and complying with all of the terms of,
 56this License. For legal entities, You includes any entity which
 57controls, is controlled by, or is under common control with You.
 58For purposes of this definition, control means (a) the power,
 59direct or indirect, to cause the direction or management of such
 60entity, whether by contract or otherwise, or (b) ownership of
 61more than fifty percent (50%) of the outstanding shares or
 62beneficial ownership of such entity.
 63
 642. License Grants.
 65
 662.1. The Initial Developer Grant. Conditioned upon Your
 67compliance with Section 3.1 below and subject to third party
 68intellectual property claims, the Initial Developer hereby
 69grants You a world-wide, royalty-free, non-exclusive license:
 70
 71(a) under intellectual property rights (other than patent or
 72trademark) Licensable by Initial Developer, to use, reproduce,
 73modify, display, perform, sublicense and distribute the Original
 74Software (or portions thereof), with or without Modifications,
 75and/or as part of a Larger Work; and
 76
 77(b) under Patent Claims infringed by the making, using or
 78selling of Original Software, to make, have made, use, practice,
 79sell, and offer for sale, and/or otherwise dispose of the
 80Original Software (or portions thereof);
 81
 82(c) The licenses granted in Sections 2.1(a) and (b) are
 83effective on the date Initial Developer first distributes or
 84otherwise makes the Original Software available to a third party
 85under the terms of this License;
 86
 87(d) Notwithstanding Section 2.1(b) above, no patent license is
 88granted: (1) for code that You delete from the Original
 89Software, or (2) for infringements caused by: (i) the
 90modification of the Original Software, or (ii) the combination
 91of the Original Software with other software or devices.
 92
 932.2. Contributor Grant. Conditioned upon Your compliance with
 94Section 3.1 below and subject to third party intellectual
 95property claims, each Contributor hereby grants You a
 96world-wide, royalty-free, non-exclusive license:
 97
 98(a) under intellectual property rights (other than patent or
 99trademark) Licensable by Contributor to use, reproduce, modify,
100display, perform, sublicense and distribute the Modifications
101created by such Contributor (or portions thereof), either on an
102unmodified basis, with other Modifications, as Covered Software
103and/or as part of a Larger Work; and
104
105(b) under Patent Claims infringed by the making, using, or
106selling of Modifications made by that Contributor either alone
107and/or in combination with its Contributor Version (or portions
108of such combination), to make, use, sell, offer for sale, have
109made, and/or otherwise dispose of: (1) Modifications made by
110that Contributor (or portions thereof); and (2) the combination
111of Modifications made by that Contributor with its Contributor
112Version (or portions of such combination).
113
114(c) The licenses granted in Sections 2.2(a) and 2.2(b)
115areeffective on the date Contributor first distributes or
116otherwise makes the Modifications available to a third party.
117
118(d) Notwithstanding Section 2.2(b) above, no patent license is
119granted: (1) for any code that Contributor has deleted from the
120Contributor Version; (2) for infringements caused by: (i) third
121party modifications of Contributor Version, or (ii) the
122combination of Modifications made by that Contributor with other
123software (except as part of the Contributor Version) or other
124devices; or (3) under Patent Claims infringed by Covered
125Software in the absence of Modifications made by that
126Contributor.
127
1283. Distribution Obligations.
129
1303.1. Availability of Source Code. Any Covered Software that You
131distribute or otherwise make available in Executable form must
132also be made available in Source Code form and that Source Code
133form must be distributed only under the terms of this License.
134You must include a copy of this License with every copy of the
135Source Code form of the Covered Software You distribute or
136otherwise make available. You must inform recipients of any such
137Covered Software in Executable form as to how they can obtain
138such Covered Software in Source Code form in a reasonable manner
139on or through a medium customarily used for software exchange.
140
1413.2. Modifications. The Modifications that You create or to
142which You contribute are governed by the terms of this License.
143You represent that You believe Your Modifications are Your
144original creation(s) and/or You have sufficient rights to grant
145the rights conveyed by this License.
146
1473.3. Required Notices. You must include a notice in each of Your
148Modifications that identifies You as the Contributor of the
149Modification. You may not remove or alter any copyright, patent
150or trademark notices contained within the Covered Software, or
151any notices of licensing or any descriptive text giving
152attribution to any Contributor or the Initial Developer.
153
1543.4. Application of Additional Terms. You may not offer or
155impose any terms on any Covered Software in Source Code form
156that alters or restricts the applicable version of this License
157or the recipients rights hereunder. You may choose to offer, and
158to charge a fee for, warranty, support, indemnity or liability
159obligations to one or more recipients of Covered
160Software. However, you may do so only on Your own behalf, and
161not on behalf of the Initial Developer or any Contributor. You
162must make it absolutely clear that any such warranty, support,
163indemnity or liability obligation is offered by You alone, and
164You hereby agree to indemnify the Initial Developer and every
165Contributor for any liability incurred by the Initial Developer
166or such Contributor as a result of warranty, support, indemnity
167or liability terms You offer.
168
1693.5. Distribution of Executable Versions. You may distribute the
170Executable form of the Covered Software under the terms of this
171License or under the terms of a license of Your choice, which
172may contain terms different from this License, provided that You
173are in compliance with the terms of this License and that the
174license for the Executable form does not attempt to limit or
175alter the recipients rights in the Source Code form from the
176rights set forth in this License. If You distribute the Covered
177Software in Executable form under a different license, You must
178make it absolutely clear that any terms which differ from this
179License are offered by You alone, not by the Initial Developer
180or Contributor. You hereby agree to indemnify the Initial
181Developer and every Contributor for any liability incurred by
182the Initial Developer or such Contributor as a result of any
183such terms You offer.
184
1853.6. Larger Works. You may create a Larger Work by combining
186Covered Software with other code not governed by the terms of
187this License and distribute the Larger Work as a single product.
188In such a case, You must make sure the requirements of this
189License are fulfilled for the Covered Software.
190
1914. Versions of the License.
192
1934.1. New Versions. Sun Microsystems, Inc. is the initial license
194steward and may publish revised and/or new versions of this
195License from time to time. Each version will be given a
196distinguishing version number. Except as provided in Section
1974.3, no one other than the license steward has the right to
198modify this License.
199
2004.2. Effect of New Versions. You may always continue to use,
201distribute or otherwise make the Covered Software available
202under the terms of the version of the License under which You
203originally received the Covered Software. If the Initial
204Developer includes a notice in the Original Software prohibiting
205it from being distributed or otherwise made available under any
206subsequent version of the License, You must distribute and make
207the Covered Software available under the terms of the version of
208the License under which You originally received the Covered
209Software.  Otherwise, You may also choose to use, distribute or
210otherwise make the Covered Software available under the terms of
211any subsequent version of the License published by the license
212steward.
213
2144.3. Modified Versions. When You are an Initial Developer and
215You want to create a new license for Your Original Software, You
216may create and use a modified version of this License if You:
217(a) rename the license and remove any references to the name of
218the license steward (except to note that the license differs
219from this License); and (b) otherwise make it clear that the
220license contains terms which differ from this License.
221
2225. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER
223THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND,
224EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
225WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
226MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
227THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
228SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
229DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
230OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
231REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
232ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE
233IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
234
2356. TERMINATION.
236
2376.1. This License and the rights granted hereunder will
238terminate automatically if You fail to comply with terms herein
239and fail to cure such breach within 30 days of becoming aware of
240the breach. Provisions which, by their nature, must remain in
241effect beyond the termination of this License shall survive.
242
2436.2. If You assert a patent infringement claim (excluding
244declaratory judgment actions) against Initial Developer or a
245Contributor (the Initial Developer or Contributor against whom
246You assert such claim is referred to as Participant) alleging
247that the Participant Software (meaning the Contributor Version
248where the Participant is a Contributor or the Original Software
249where the Participant is the Initial Developer) directly or
250indirectly infringes any patent, then any and all rights granted
251directly or indirectly to You by such Participant, the Initial
252Developer (if the Initial Developer is not the Participant) and
253all Contributors under Sections 2.1 and/or 2.2 of this License
254shall, upon 60 days notice from Participant terminate
255prospectively and automatically at the expiration of such 60 day
256notice period, unless if within such 60 day period You withdraw
257Your claim with respect to the Participant Software against such
258Participant either unilaterally or pursuant to a written
259agreement with Participant.
260
2616.3. In the event of termination under Sections 6.1 or 6.2
262above, all end user licenses that have been validly granted by
263You or any distributor hereunder prior to termination (excluding
264licenses granted to You by any distributor) shall survive
265termination.
266
2677. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO
268LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
269OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER
270CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY
271SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
272INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
273CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
274PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
275MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
276EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
277OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
278LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
279PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
280LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
281LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
282EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
283
2848. U.S. GOVERNMENT END USERS. The Covered Software is a
285commercial item, as that term is defined in 48 C.F.R. 2.101
286(Oct. 1995), consisting of commercial computer software (as that
287term is defined at 48 C.F.R. 252.227-7014(a)(1)) and commercial
288computer software documentation as such terms are used in 48
289C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
29048 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
291U.S. Government End Users acquire Covered Software with only
292those rights set forth herein. This U.S. Government Rights
293clause is in lieu of, and supersedes, any other FAR, DFAR, or
294other clause or provision that addresses Government rights in
295computer software under this License.
296
2979. MISCELLANEOUS. This License represents the complete agreement
298concerning subject matter hereof. If any provision of this
299License is held to be unenforceable, such provision shall be
300reformed only to the extent necessary to make it enforceable.
301This License shall be governed by the law of the jurisdiction
302specified in a notice contained within the Original Software
303(except to the extent applicable law, if any, provides
304otherwise), excluding such jurisdictions conflict-of-law
305provisions. Any litigation relating to this License shall be
306subject to the jurisdiction of the courts located in the
307jurisdiction and venue specified in a notice contained within
308the Original Software, with the losing party responsible for
309costs, including, without limitation, court costs and reasonable
310attorneys fees and expenses. The application of the United
311Nations Convention on Contracts for the International Sale of
312Goods is expressly excluded. Any law or regulation which
313provides that the language of a contract shall be construed
314against the drafter shall not apply to this License. You agree
315that You alone are responsible for compliance with the United
316States export administration regulations (and the export control
317laws and regulation of any other countries) when You use,
318distribute or otherwise make available any Covered Software.
319
32010. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and
321the Contributors, each party is responsible for claims and
322damages arising, directly or indirectly, out of its utilization
323of rights under this License and You agree to work with Initial
324Developer and Contributors to distribute such responsibility on
325an equitable basis. Nothing herein is intended or shall be
326deemed to constitute any admission of liability.
327
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329
330NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
331DISTRIBUTION LICENSE (CDDL): This code is released under the
332CDDL and shall be governed by the laws of the State of
333California (excluding conflict-of-law provisions). Any
334litigation relating to this License shall be subject to the
335jurisdiction of the Federal Courts of the Northern District of
336California and the state courts of the State of California, with
337venue lying in Santa Clara County, California.
338
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