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

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