/src/FreeImage/Source/LibRawLite/LICENSE.CDDL
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- COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
- 1. Definitions.
- 1.1. Contributor means each individual or entity that creates or
- contributes to the creation of Modifications.
- 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.
- 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.
- 1.4. Executable means the Covered Software in any form other
- than Source Code.
- 1.5. Initial Developer means the individual or entity that first
- makes Original Software available under this License.
- 1.6. Larger Workmeans a work which combines Covered Software or
- portions thereof with code not governed by the terms of this
- License.
- 1.7. License means this document.
- 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.
- 1.9. Modifications means the Source Code and Executable form of
- any of the following: 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; B. Any
- new file that contains any part of the Original Software or
- previous Modification; or C. Any new file that is contributed or
- otherwise made available under the terms of this License.
- 1.10. Original Software means the Source Code and Executable
- form of computer software code that is originally released under
- this License.
- 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.
- 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.
- 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.
- 2. License Grants.
- 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:
- (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
- (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);
- (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;
- (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.
- 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:
- (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
- (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).
- (c) The licenses granted in Sections 2.2(a) and 2.2(b)
- areeffective on the date Contributor first distributes or
- otherwise makes the Modifications available to a third party.
- (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.
- 3. Distribution Obligations.
- 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.
- 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.
- 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.
- 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.
- 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 recipients 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.
- 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.
- 4. Versions of the License.
- 4.1. New Versions. Sun Microsystems, Inc. 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.
- 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.
- 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.
- 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.
- 6. TERMINATION.
- 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.
- 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.
- 6.3. 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.
- 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 LOST
- PROFITS, 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
- PARTYS 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.
- 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.
- 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 jurisdictions 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.
- 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.
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- NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
- DISTRIBUTION LICENSE (CDDL): This code is released under the
- CDDL and 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.
- ----------------------------------------------------------------