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diff --git a/cddl/contrib/dtracetoolkit/Docs/cddl1.txt b/cddl/contrib/dtracetoolkit/Docs/cddl1.txt new file mode 100644 index 000000000000..b3487ade1b87 --- /dev/null +++ b/cddl/contrib/dtracetoolkit/Docs/cddl1.txt @@ -0,0 +1,385 @@ + +COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 + + + 1. Definitions. + + 1.1. ÒContributorÓ means each individual or entity that + creates or contributes to the creation of Modifications. + + 1.2. ÒContributor VersionÓ 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. ÒCovered SoftwareÓ 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. ÒExecutableÓ means the Covered Software in any form + other than Source Code. + + 1.5. ÒInitial DeveloperÓ means the individual or entity + that first makes Original Software available under this + License. + + 1.6. ÒLarger WorkÓ means a work which combines Covered + Software or portions thereof with code not governed by the + terms of this License. + + 1.7. ÒLicenseÓ means this document. + + 1.8. ÒLicensableÓ 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. ÒModificationsÓ 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. ÒOriginal SoftwareÓ means the Source Code and + Executable form of computer software code that is + originally released under this License. + + 1.11. ÒPatent ClaimsÓ 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. ÒSource CodeÓ 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. ÒYouÓ (or ÒYourÓ) means an individual or a legal + entity exercising rights under, and complying with all of + the terms of, this License. For legal entities, ÒYouÓ + includes any entity which controls, is controlled by, or is + under common control with You. For purposes of this + definition, ÒcontrolÓ 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) are effective 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 recipientsÕ + 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 recipientÕs 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 ÒAS ISÓ + 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 ÒParticipantÓ) + 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 PARTYÕS 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 Òcommercial item,Ó as that term is + defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of Òcommercial + computer softwareÓ (as that term is defined at 48 C.F.R. ¤ + 252.227-7014(a)(1)) and Òcommercial computer software + documentationÓ 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 + jurisdictionÕs 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 attorneysÕ 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. |