mirror of
https://codeberg.org/forgejo/forgejo.git
synced 2024-12-24 02:54:07 +01:00
326 lines
17 KiB
Groff
326 lines
17 KiB
Groff
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
|
|
|
|
Version 1.1
|
|
|
|
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 Work" means 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) 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
|
|
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 recipient's 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.
|
|
|
|
Oracle 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. If You assert a patent infringement claim against Participant alleging
|
|
that the Participant Software directly or indirectly infringes any patent
|
|
where such claim is resolved (such as by license or settlement) prior to the
|
|
initiation of patent infringement litigation, then the reasonable value of
|
|
the licenses granted by such Participant under Sections 2.1 or 2.2 shall be
|
|
taken into account in determining the amount or value of any payment or license.
|
|
|
|
6.4. 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 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 PARTY'S 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 jurisdiction's 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.
|
|
|
|
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE
|
|
(CDDL)
|
|
|
|
The code released under the CDDL 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.
|