kythe.io@v0.0.68-0.20240422202219-7225dbc01741/third_party/jsr250_api/LICENSE (about)

     1  COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
     2  
     3  1. Definitions.
     4  
     5      1.1. "Contributor" means each individual or entity that creates
     6           or contributes to the creation of Modifications.
     7  
     8      1.2. "Contributor Version" means the combination of the Original
     9           Software, prior Modifications used by a Contributor (if any),
    10           and the Modifications made by that particular Contributor.
    11  
    12      1.3. "Covered Software" means (a) the Original Software, or (b)
    13           Modifications, or (c) the combination of files containing
    14           Original Software with files containing Modifications, in
    15           each case including portions thereof.
    16  
    17      1.4. "Executable" means the Covered Software in any form other
    18           than Source Code.
    19  
    20      1.5. "Initial Developer" means the individual or entity that first
    21           makes Original Software available under this License.
    22  
    23      1.6. "Larger Work" means a work which combines Covered Software or
    24           portions thereof with code not governed by the terms of this
    25           License.
    26  
    27      1.7. "License" means this document.
    28  
    29      1.8. "Licensable" means having the right to grant, to the maximum
    30           extent possible, whether at the time of the initial grant or
    31           subsequently acquired, any and all of the rights conveyed
    32           herein.
    33  
    34      1.9. "Modifications" means the Source Code and Executable form of
    35           any of the following:
    36  
    37          A. Any file that results from an addition to, deletion from or
    38             modification of the contents of a file containing Original
    39             Software or previous Modifications;
    40  
    41          B. Any new file that contains any part of the Original
    42             Software or previous Modifications; or
    43  
    44          C. Any new file that is contributed or otherwise made
    45             available under the terms of this License.
    46  
    47      1.10. "Original Software" means the Source Code and Executable
    48            form of computer software code that is originally released
    49            under this License.
    50  
    51      1.11. "Patent Claims" means any patent claim(s), now owned or
    52            hereafter acquired, including without limitation, method,
    53            process, and apparatus claims, in any patent Licensable by
    54            grantor.
    55  
    56      1.12. "Source Code" means (a) the common form of computer software
    57            code in which modifications are made and (b) associated
    58            documentation included in or with such code.
    59  
    60      1.13. "You" (or "Your") means an individual or a legal entity
    61            exercising rights under, and complying with all of the terms
    62            of, this License.  For legal entities, "You" includes any
    63            entity which controls, is controlled by, or is under common
    64            control with You.  For purposes of this definition,
    65            "control" means (a) the power, direct or indirect, to cause
    66            the direction or management of such entity, whether by
    67            contract or otherwise, or (b) ownership of more than fifty
    68            percent (50%) of the outstanding shares or beneficial
    69            ownership of such entity.
    70  
    71  2. License Grants.
    72  
    73      2.1. The Initial Developer Grant.
    74  
    75      Conditioned upon Your compliance with Section 3.1 below and
    76      subject to third party intellectual property claims, the Initial
    77      Developer hereby grants You a world-wide, royalty-free,
    78      non-exclusive license:
    79  
    80          (a) under intellectual property rights (other than patent or
    81              trademark) Licensable by Initial Developer, to use,
    82              reproduce, modify, display, perform, sublicense and
    83              distribute the Original Software (or portions thereof),
    84              with or without Modifications, and/or as part of a Larger
    85              Work; and
    86  
    87          (b) under Patent Claims infringed by the making, using or
    88              selling of Original Software, to make, have made, use,
    89              practice, sell, and offer for sale, and/or otherwise
    90              dispose of the Original Software (or portions thereof).
    91  
    92          (c) The licenses granted in Sections 2.1(a) and (b) are
    93              effective on the date Initial Developer first distributes
    94              or otherwise makes the Original Software available to a
    95              third party under the terms of this License.
    96  
    97          (d) Notwithstanding Section 2.1(b) above, no patent license is
    98              granted: (1) for code that You delete from the Original
    99              Software, or (2) for infringements caused by: (i) the
   100              modification of the Original Software, or (ii) the
   101              combination of the Original Software with other software
   102              or devices.
   103  
   104      2.2. Contributor Grant.
   105  
   106      Conditioned upon Your compliance with Section 3.1 below and
   107      subject to third party intellectual property claims, each
   108      Contributor hereby grants You a world-wide, royalty-free,
   109      non-exclusive license:
   110  
   111          (a) under intellectual property rights (other than patent or
   112              trademark) Licensable by Contributor to use, reproduce,
   113              modify, display, perform, sublicense and distribute the
   114              Modifications created by such Contributor (or portions
   115              thereof), either on an unmodified basis, with other
   116              Modifications, as Covered Software and/or as part of a
   117              Larger Work; and
   118  
   119          (b) under Patent Claims infringed by the making, using, or
   120              selling of Modifications made by that Contributor either
   121              alone and/or in combination with its Contributor Version
   122              (or portions of such combination), to make, use, sell,
   123              offer for sale, have made, and/or otherwise dispose of:
   124              (1) Modifications made by that Contributor (or portions
   125              thereof); and (2) the combination of Modifications made by
   126              that Contributor with its Contributor Version (or portions
   127              of such combination).
   128  
   129          (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
   130              effective on the date Contributor first distributes or
   131              otherwise makes the Modifications available to a third
   132              party.
   133  
   134          (d) Notwithstanding Section 2.2(b) above, no patent license is
   135              granted: (1) for any code that Contributor has deleted
   136              from the Contributor Version; (2) for infringements caused
   137              by: (i) third party modifications of Contributor Version,
   138              or (ii) the combination of Modifications made by that
   139              Contributor with other software (except as part of the
   140              Contributor Version) or other devices; or (3) under Patent
   141              Claims infringed by Covered Software in the absence of
   142              Modifications made by that Contributor.
   143  
   144  3. Distribution Obligations.
   145  
   146      3.1. Availability of Source Code.
   147  
   148      Any Covered Software that You distribute or otherwise make
   149      available in Executable form must also be made available in Source
   150      Code form and that Source Code form must be distributed only under
   151      the terms of this License.  You must include a copy of this
   152      License with every copy of the Source Code form of the Covered
   153      Software You distribute or otherwise make available.  You must
   154      inform recipients of any such Covered Software in Executable form
   155      as to how they can obtain such Covered Software in Source Code
   156      form in a reasonable manner on or through a medium customarily
   157      used for software exchange.
   158  
   159      3.2. Modifications.
   160  
   161      The Modifications that You create or to which You contribute are
   162      governed by the terms of this License.  You represent that You
   163      believe Your Modifications are Your original creation(s) and/or
   164      You have sufficient rights to grant the rights conveyed by this
   165      License.
   166  
   167      3.3. Required Notices.
   168  
   169      You must include a notice in each of Your Modifications that
   170      identifies You as the Contributor of the Modification.  You may
   171      not remove or alter any copyright, patent or trademark notices
   172      contained within the Covered Software, or any notices of licensing
   173      or any descriptive text giving attribution to any Contributor or
   174      the Initial Developer.
   175  
   176      3.4. Application of Additional Terms.
   177  
   178      You may not offer or impose any terms on any Covered Software in
   179      Source Code form that alters or restricts the applicable version
   180      of this License or the recipients' rights hereunder.  You may
   181      choose to offer, and to charge a fee for, warranty, support,
   182      indemnity or liability obligations to one or more recipients of
   183      Covered Software.  However, you may do so only on Your own behalf,
   184      and not on behalf of the Initial Developer or any Contributor.
   185      You must make it absolutely clear that any such warranty, support,
   186      indemnity or liability obligation is offered by You alone, and You
   187      hereby agree to indemnify the Initial Developer and every
   188      Contributor for any liability incurred by the Initial Developer or
   189      such Contributor as a result of warranty, support, indemnity or
   190      liability terms You offer.
   191  
   192      3.5. Distribution of Executable Versions.
   193  
   194      You may distribute the Executable form of the Covered Software
   195      under the terms of this License or under the terms of a license of
   196      Your choice, which may contain terms different from this License,
   197      provided that You are in compliance with the terms of this License
   198      and that the license for the Executable form does not attempt to
   199      limit or alter the recipient's rights in the Source Code form from
   200      the rights set forth in this License.  If You distribute the
   201      Covered Software in Executable form under a different license, You
   202      must make it absolutely clear that any terms which differ from
   203      this License are offered by You alone, not by the Initial
   204      Developer or Contributor.  You hereby agree to indemnify the
   205      Initial Developer and every Contributor for any liability incurred
   206      by the Initial Developer or such Contributor as a result of any
   207      such terms You offer.
   208  
   209      3.6. Larger Works.
   210  
   211      You may create a Larger Work by combining Covered Software with
   212      other code not governed by the terms of this License and
   213      distribute the Larger Work as a single product.  In such a case,
   214      You must make sure the requirements of this License are fulfilled
   215      for the Covered Software.
   216  
   217  4. Versions of the License.
   218  
   219      4.1. New Versions.
   220  
   221      Sun Microsystems, Inc. is the initial license steward and may
   222      publish revised and/or new versions of this License from time to
   223      time.  Each version will be given a distinguishing version number.
   224      Except as provided in Section 4.3, no one other than the license
   225      steward has the right to modify this License.
   226  
   227      4.2. Effect of New Versions.
   228  
   229      You may always continue to use, distribute or otherwise make the
   230      Covered Software available under the terms of the version of the
   231      License under which You originally received the Covered Software.
   232      If the Initial Developer includes a notice in the Original
   233      Software prohibiting it from being distributed or otherwise made
   234      available under any subsequent version of the License, You must
   235      distribute and make the Covered Software available under the terms
   236      of the version of the License under which You originally received
   237      the Covered Software.  Otherwise, You may also choose to use,
   238      distribute or otherwise make the Covered Software available under
   239      the terms of any subsequent version of the License published by
   240      the license steward.
   241  
   242      4.3. Modified Versions.
   243  
   244      When You are an Initial Developer and You want to create a new
   245      license for Your Original Software, You may create and use a
   246      modified version of this License if You: (a) rename the license
   247      and remove any references to the name of the license steward
   248      (except to note that the license differs from this License); and
   249      (b) otherwise make it clear that the license contains terms which
   250      differ from this License.
   251  
   252  5. DISCLAIMER OF WARRANTY.
   253  
   254      COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
   255      BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
   256      INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
   257      SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
   258      PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
   259      PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
   260      COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
   261      INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
   262      NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
   263      WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
   264      ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
   265      DISCLAIMER.
   266  
   267  6. TERMINATION.
   268  
   269      6.1. This License and the rights granted hereunder will terminate
   270      automatically if You fail to comply with terms herein and fail to
   271      cure such breach within 30 days of becoming aware of the breach.
   272      Provisions which, by their nature, must remain in effect beyond
   273      the termination of this License shall survive.
   274  
   275      6.2. If You assert a patent infringement claim (excluding
   276      declaratory judgment actions) against Initial Developer or a
   277      Contributor (the Initial Developer or Contributor against whom You
   278      assert such claim is referred to as "Participant") alleging that
   279      the Participant Software (meaning the Contributor Version where
   280      the Participant is a Contributor or the Original Software where
   281      the Participant is the Initial Developer) directly or indirectly
   282      infringes any patent, then any and all rights granted directly or
   283      indirectly to You by such Participant, the Initial Developer (if
   284      the Initial Developer is not the Participant) and all Contributors
   285      under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
   286      notice from Participant terminate prospectively and automatically
   287      at the expiration of such 60 day notice period, unless if within
   288      such 60 day period You withdraw Your claim with respect to the
   289      Participant Software against such Participant either unilaterally
   290      or pursuant to a written agreement with Participant.
   291  
   292      6.3. In the event of termination under Sections 6.1 or 6.2 above,
   293      all end user licenses that have been validly granted by You or any
   294      distributor hereunder prior to termination (excluding licenses
   295      granted to You by any distributor) shall survive termination.
   296  
   297  7. LIMITATION OF LIABILITY.
   298  
   299      UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
   300      (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
   301      INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
   302      COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
   303      LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
   304      CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
   305      LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
   306      STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
   307      COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
   308      INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
   309      LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
   310      INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
   311      APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
   312      NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
   313      CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
   314      APPLY TO YOU.
   315  
   316  8. U.S. GOVERNMENT END USERS.
   317  
   318      The Covered Software is a "commercial item," as that term is
   319      defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
   320      computer software" (as that term is defined at 48
   321      C.F.R. 252.227-7014(a)(1)) and "commercial computer software
   322      documentation" as such terms are used in 48 C.F.R. 12.212
   323      (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
   324      C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
   325      U.S. Government End Users acquire Covered Software with only those
   326      rights set forth herein.  This U.S. Government Rights clause is in
   327      lieu of, and supersedes, any other FAR, DFAR, or other clause or
   328      provision that addresses Government rights in computer software
   329      under this License.
   330  
   331  9. MISCELLANEOUS.
   332  
   333      This License represents the complete agreement concerning subject
   334      matter hereof.  If any provision of this License is held to be
   335      unenforceable, such provision shall be reformed only to the extent
   336      necessary to make it enforceable.  This License shall be governed
   337      by the law of the jurisdiction specified in a notice contained
   338      within the Original Software (except to the extent applicable law,
   339      if any, provides otherwise), excluding such jurisdiction's
   340      conflict-of-law provisions.  Any litigation relating to this
   341      License shall be subject to the jurisdiction of the courts located
   342      in the jurisdiction and venue specified in a notice contained
   343      within the Original Software, with the losing party responsible
   344      for costs, including, without limitation, court costs and
   345      reasonable attorneys' fees and expenses.  The application of the
   346      United Nations Convention on Contracts for the International Sale
   347      of Goods is expressly excluded.  Any law or regulation which
   348      provides that the language of a contract shall be construed
   349      against the drafter shall not apply to this License.  You agree
   350      that You alone are responsible for compliance with the United
   351      States export administration regulations (and the export control
   352      laws and regulation of any other countries) when You use,
   353      distribute or otherwise make available any Covered Software.
   354  
   355  10. RESPONSIBILITY FOR CLAIMS.
   356  
   357      As between Initial Developer and the Contributors, each party is
   358      responsible for claims and damages arising, directly or
   359      indirectly, out of its utilization of rights under this License
   360      and You agree to work with Initial Developer and Contributors to
   361      distribute such responsibility on an equitable basis.  Nothing
   362      herein is intended or shall be deemed to constitute any admission
   363      of liability.
   364  
   365  --------------------------------------------------------------------
   366  
   367  NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
   368  DISTRIBUTION LICENSE (CDDL)
   369  
   370  For Covered Software in this distribution, this License shall
   371  be governed by the laws of the State of California (excluding
   372  conflict-of-law provisions).
   373  
   374  Any litigation relating to this License shall be subject to the
   375  jurisdiction of the Federal Courts of the Northern District of
   376  California and the state courts of the State of California, with
   377  venue lying in Santa Clara County, California.