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Thomas A. Alspaugh

Common Development and Distribution License (CDDL) Version 1.0

Under Construction

Source: OSI text (2009Jul07)

Words, repeated phrases.

1. §1Definitions.

MPL 1.1 encloses each defined term and certain other words and phrases in quotation marks, CDDL 1.0 does not.

(MPL 1.1 §1.0.1 Commercial Use)

1.1. §1.1§1.1¶1ṣ1Contributor means each individual or entity that creates or contributes to the creation of Modifications.

1.2. §1.2§1.2¶1ṣ1Contributor Version means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.

1.4. §1.4§1.4¶1ṣ1Executable means the Covered Software in any form other than Source Code.

1.5. §1.5§1.5¶1ṣ1Initial Developer means the individual or entity that first makes Original Software available under this License.

1.6. §1.6§1.6¶1ṣ1Larger Work means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.

1.7. §1.7§1.7¶1ṣ1License means this document.

CDDL 1.0 lifts MPL 1.1's §1.8.1 to §1.8, so that after it the subsection numbering matches MPL 1.1's briefly.

1.8. §1.8§1.8¶1ṣ1Licensable 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.

CDDL 1.0 lifts MPL 1.1's §1.10.1 to §1.11, so that the subsection numbering differs from here to the end of the section.

1.11. §1.11§1.11¶1ṣ1Patent 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.

1.13. §1.13§1.13¶1ṣ1You (or Your) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. §1.13¶1ṣ2For legal entities, You includes any entity which controls, is controlled by, or is under common control with You. §1.13¶1ṣ3For purposes of this definition, control means

1. (a) ṣ3.athe power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or
2. (b) ṣ3.bownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.

2. §2License Grants.

2.1. §2.1The Initial Developer Grant.

§2.1¶1§2.1¶1ṣ1Conditioned 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:

These list items are not structurally parallel in the original; here they have been numbered (lettered) as subparagraphs:

1. (a) §2.1¶1.a§2.1¶1.aṣ1under 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
2. (b) §2.1¶1.b§2.1¶1.bṣ1under 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).
3. (c) §2.1¶1.c§2.1¶1.cṣ1The 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.
4. (d) §2.1¶1.d§2.1¶1.dṣ1Notwithstanding Section 2.1(b) above, no patent license is granted:
   1. (1) ṣ1.1for code that You delete from the Original Software, or
   2. (2) ṣ1.2for infringements caused by:
      1. (i) ṣ1.2.ithe modification of the Original Software, or
      2. (ii) ṣ1.2.iithe combination of the Original Software with other software or devices.

2.2. §2.2Contributor Grant.

§2.2¶1§2.2¶1ṣ1Conditioned 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:

These list items are not structurally parallel in the original; here they have been numbered (lettered) as subparagraphs:

1. (a) §2.2¶1.a§2.2¶1.aṣ1under 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
2. (b) §2.2¶1.b§2.2¶1.bṣ1under 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. (1) ṣ1.1Modifications made by that Contributor (or portions thereof); and
   2. (2) ṣ1.2the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
3. (c) §2.2¶1.c§2.2¶1.cṣ1The 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.
4. (d) §2.2¶1.d§2.2¶1.dṣ1Notwithstanding Section 2.2(b) above, no patent license is granted:
   1. (1) ṣ1.1for any code that Contributor has deleted from the Contributor Version;

   2. (2) ṣ1.2for infringements caused by:
      1. (i) ṣ1.2.ithird party modifications of Contributor Version, or
      2. (ii) ṣ1.2.iithe combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices;
      or
   3. (3) ṣ1.3under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.

3. §3Distribution Obligations.

(Entirety of MPL 1.1 §3.1, so subsection numbering differs for this section)

3.1. §3.1Availability of Source Code.

§3.1¶1§3.1¶1ṣ1Any 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. §3.1¶1ṣ2You 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. §3.1¶1ṣ3You 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.

(Entirety of MPL 1.1 §3.4)

3.3. §3.3Required Notices.

§3.3¶1§3.3¶1ṣ1You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. §3.3¶1ṣ2You 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.

3.5. §3.5Distribution of Executable Versions.

(first two sentences) §3.5¶1§3.5¶1ṣ1You 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'Original has no apostrophe rights in the Source Code form from the rights set forth in this License. §3.5¶1ṣ2If 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. §3.5¶1ṣ3You 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. §3.6Larger Works.

§3.6¶1§3.6¶1ṣ1You 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. §3.6¶1ṣ2In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.

(two sections MPL 1.1 §4 §5, so section numbering differs from this point onward)

4. §4Versions of the License.

4.1. §4.1New Versions.

§4.1¶1§4.1¶1ṣ1Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. §4.1¶1ṣ2Each version will be given a distinguishing version number. §4.1¶1ṣ3Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.

4.2. §4.2Effect of New Versions.

§4.2¶1§4.2¶1ṣ1You 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. §4.2¶1ṣ2If 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. §4.2¶1ṣ3Otherwise, 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.

5. §5DISCLAIMER OF WARRANTY.

§5¶1§5¶1ṣ1COVERED 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. §5¶1ṣ2THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED  SOFTWARE IS WITH YOU. §5¶1ṣ3SHOULD 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. §5¶1ṣ4THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. §5¶1ṣ5NO USE OF ANY COVERED  SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

6. §6TERMINATION.

6.1. §6.1§6.1¶1ṣ1This 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. §6.1¶1ṣ2Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

6.2. §6.2§6.2¶1ṣ1If 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.

(entire section MPL 1.1 §8.3)

6.3. §6.3§6.3¶1ṣ1In 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. §7LIMITATION OF LIABILITY.

§7¶1§7¶1ṣ1UNDER 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. §7¶1ṣ2THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'SOriginal has no apostrophe NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. §7¶1ṣ3SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

8. §8U.S. GOVERNMENT END USERS.

§8¶1§8¶1ṣ1The 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,Original has no comma as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). §8¶1ṣ2Consistent 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. §8¶1ṣ3This 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. §9MISCELLANEOUS.

§9¶1§9¶1ṣ1This License represents the complete agreement concerning subject matter hereof. §9¶1ṣ2If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. §9¶1ṣ3This 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 jurisdiction'sOriginal has no apostrophe conflict-of-law provisions. §9¶1ṣ4Any 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'Original has no apostrophe fees and expenses. §9¶1ṣ5The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. §9¶1ṣ6Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.  §9¶1ṣ7You 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.

(two entire sections, MPL 1.1 §13 and MPL 1.1 Exhibit A)

• thomas · alspaugh @ acm · org
• 
• 2012Jul26Th16:37
• Attribution

Show terms/headings

---

• Contributor
• Contributor Version
• Covered Software
• Executable
• Initial Developer
• Larger Work
• License
• Licensable
• Modifications
• Original Software
• Participant
• Patent Claims
• Source Code
• You
• Your

• 1. Definitions.
• 1.1.   1.2.   1.3.   1.4.   1.5.
• 1.6.   1.7.   1.8.   1.9.   1.10.
• 1.11.   1.12.   1.13.
• 2. License Grants.
• 2.1. The Initial Developer Grant.
• 2.2. Contributor Grant.
• 3. Distribution Obligations.
• 3.1. Availability of Source Code.
• 3.2. Modifications.
• 3.3. Required Notices.
• 3.4. Application of
    Additional Terms.
• 3.5. Distribution of
    Executable Versions.
• 3.6. Larger Works.
• 4. Versions of the License.
• 4.1. New Versions.
• 4.2. Effect of New Versions.
• 4.3. Modified Versions.
• 5. DISCLAIMER OF WARRANTY.
• 6. TERMINATION.
• 6.1.   6.2.   6.3.
• 7. LIMITATION OF LIABILITY.
• 8. U.S. GOVERNMENT END USERS.
• 9. MISCELLANEOUS.
• 10. RESPONSIBILITY FOR CLAIMS.