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add CDDL to LICENSE for binary-only javax.servlet package from Jetty
git-svn-id: https://svn.apache.org/repos/asf/lucene/solr/trunk@542825 13f79535-47bb-0310-9956-ffa450edef68
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Yonik Seeley
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commit
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LICENSE.txt
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LICENSE.txt
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@ -251,8 +251,301 @@ OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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==========================================================================
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Portions of Jetty 6.1.3 are bundled in the Solr example server.
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Jetty 6.1.3 is licensed under The Apache License version 2.0.
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Portions of Jetty 6 are bundled in the Solr example server.
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Jetty 6 includes a binary javax.servlet package licensed under the
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Common Development and Distribution License.
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--------------------------------------------------------------------------
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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
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1. Definitions.
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1.1. Contributor means each individual or entity that creates or contributes to
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the creation of Modifications.
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1.2. Contributor Version means the combination of the Original Software, prior
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Modifications used by a Contributor (if any), and the Modifications made by
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that particular Contributor.
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1.3. Covered Software means (a) the Original Software, or (b) Modifications, or
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(c) the combination of files containing Original Software with files containing
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Modifications, in each case including portions thereof.
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1.4. Executable means the Covered Software in any form other than Source Code.
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1.5. Initial Developer means the individual or entity that first makes Original
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Software available under this License.
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1.6. Larger Work means a work which combines Covered Software or portions
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thereof with code not governed by the terms of this License.
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1.7. License means this document.
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1.8. Licensable means having the right to grant, to the maximum extent
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possible, whether at the time of the initial grant or subsequently acquired,
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any and all of the rights conveyed herein.
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1.9. Modifications means the Source Code and Executable form of any of the
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following:
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A. Any file that results from an addition to, deletion from or modification of
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the contents of a file containing Original Software or previous Modifications;
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B. Any new file that contains any part of the Original Software or previous
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Modification; or
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C. Any new file that is contributed or otherwise made available under the terms
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of this License.
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1.10. Original Software means the Source Code and Executable form of computer
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software code that is originally released under this License.
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1.11. Patent Claims means any patent claim(s), now owned or hereafter acquired,
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including without limitation, method, process, and apparatus claims, in any
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patent Licensable by grantor.
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1.12. Source Code means (a) the common form of computer software code in which
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modifications are made and (b) associated documentation included in or with
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such code.
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1.13. You (or Your) means an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License. For legal
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entities, You includes any entity which controls, is controlled by, or is under
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common control with You. For purposes of this definition, control means (a)áthe
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power, direct or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (b)áownership of more than fifty percent
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(50%) of the outstanding shares or beneficial ownership of such entity.
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2. License Grants.
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2.1. The Initial Developer Grant. Conditioned upon Your compliance with
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Section 3.1 below and subject to third party intellectual property claims, the
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Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive
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license: (a) under intellectual property rights (other than patent or
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trademark) Licensable by Initial Developer, to use, reproduce, modify, display,
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perform, sublicense and distribute the Original Software (or portions thereof),
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with or without Modifications, and/or as part of a Larger Work; and (b) under
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Patent Claims infringed by the making, using or selling of Original Software,
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to make, have made, use, practice, sell, and offer for sale, and/or otherwise
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dispose of the Original Software (or portions thereof). (c) The licenses
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granted in Sectionsá2.1(a) and (b) are effective on the date Initial Developer
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first distributes or otherwise makes the Original Software available to a third
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party under the terms of this License. (d) Notwithstanding Sectioná2.1(b)
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above, no patent license is granted: (1)áfor code that You delete from the
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Original Software, or (2)áfor infringements caused by: (i)áthe modification of
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the Original Software, or (ii)áthe combination of the Original Software with
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other software or devices.
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2.2. Contributor Grant. Conditioned upon Your compliance with Section 3.1
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below and subject to third party intellectual property claims, each Contributor
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hereby grants You a world-wide, royalty-free, non-exclusive license: (a) under
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intellectual property rights (other than patent or trademark) Licensable by
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Contributor to use, reproduce, modify, display, perform, sublicense and
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distribute the Modifications created by such Contributor (or portions thereof),
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either on an unmodified basis, with other Modifications, as Covered Software
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and/or as part of a Larger Work; and (b) under Patent Claims infringed by the
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making, using, or selling of Modifications made by that Contributor either
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alone and/or in combination with its Contributor Version (or portions of such
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combination), to make, use, sell, offer for sale, have made, and/or otherwise
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dispose of: (1)áModifications made by that Contributor (or portions thereof);
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and (2)áthe combination of Modifications made by that Contributor with its
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Contributor Version (or portions of such combination). (c) The licenses
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granted in Sectionsá2.2(a) and 2.2(b) are effective on the date Contributor
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first distributes or otherwise makes the Modifications available to a third
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party. (d) Notwithstanding Sectioná2.2(b) above, no patent license is granted:
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(1)áfor any code that Contributor has deleted from the Contributor Version;
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(2)áfor infringements caused by: (i)áthird party modifications of Contributor
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Version, or (ii)áthe combination of Modifications made by that Contributor with
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other software (except as part of the Contributor Version) or other devices; or
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(3)áunder Patent Claims infringed by Covered Software in the absence of
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Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1. Availability of Source Code.
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Any Covered Software that You distribute or otherwise make available in
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Executable form must also be made available in Source Code form and that Source
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Code form must be distributed only under the terms of this License. You must
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include a copy of this License with every copy of the Source Code form of the
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Covered Software You distribute or otherwise make available. You must inform
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recipients of any such Covered Software in Executable form as to how they can
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obtain such Covered Software in Source Code form in a reasonable manner on or
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through a medium customarily used for software exchange.
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3.2. Modifications.
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The Modifications that You create or to which You contribute are governed by
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the terms of this License. You represent that You believe Your Modifications
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are Your original creation(s) and/or You have sufficient rights to grant the
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rights conveyed by this License.
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3.3. Required Notices. You must include a notice in each of Your Modifications
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that identifies You as the Contributor of the Modification. You may not remove
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or alter any copyright, patent or trademark notices contained within the
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Covered Software, or any notices of licensing or any descriptive text giving
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attribution to any Contributor or the Initial Developer.
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3.4. Application of Additional Terms. You may not offer or impose any terms on
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any Covered Software in Source Code form that alters or restricts the
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applicable version of this License or the recipients rights hereunder. You may
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choose to offer, and to charge a fee for, warranty, support, indemnity or
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liability obligations to one or more recipients of Covered Software. However,
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you may do so only on Your own behalf, and not on behalf of the Initial
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Developer or any Contributor. You must make it absolutely clear that any such
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warranty, support, indemnity or liability obligation is offered by You alone,
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and You hereby agree to indemnify the Initial Developer and every Contributor
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for any liability incurred by the Initial Developer or such Contributor as a
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result of warranty, support, indemnity or liability terms You offer.
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3.5. Distribution of Executable Versions. You may distribute the Executable
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form of the Covered Software under the terms of this License or under the terms
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of a license of Your choice, which may contain terms different from this
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License, provided that You are in compliance with the terms of this License and
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that the license for the Executable form does not attempt to limit or alter the
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recipients rights in the Source Code form from the rights set forth in this
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License. If You distribute the Covered Software in Executable form under a
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different license, You must make it absolutely clear that any terms which
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differ from this License are offered by You alone, not by the Initial Developer
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or Contributor. You hereby agree to indemnify the Initial Developer and every
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Contributor for any liability incurred by the Initial Developer or such
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Contributor as a result of any such terms You offer.
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3.6. Larger Works. You may create a Larger Work by combining Covered Software
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with other code not governed by the terms of this License and distribute the
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Larger Work as a single product. In such a case, You must make sure the
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requirements of this License are fulfilled for the Covered Software.
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4. Versions of the License.
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4.1. New Versions. Sun Microsystems, Inc. is the initial license steward and
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may publish revised and/or new versions of this License from time to time. Each
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version will be given a distinguishing version number. Except as provided in
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Section 4.3, no one other than the license steward has the right to modify this
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License.
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4.2. Effect of New Versions.
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You may always continue to use, distribute or otherwise make the Covered
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Software available under the terms of the version of the License under which
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You originally received the Covered Software. If the Initial Developer includes
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a notice in the Original Software prohibiting it from being distributed or
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otherwise made available under any subsequent version of the License, You must
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distribute and make the Covered Software available under the terms of the
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version of the License under which You originally received the Covered
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Software. Otherwise, You may also choose to use, distribute or otherwise make
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the Covered Software available under the terms of any subsequent version of the
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License published by the license steward. 4.3. Modified Versions.
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When You are an Initial Developer and You want to create a new license for Your
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Original Software, You may create and use a modified version of this License if
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You: (a)árename the license and remove any references to the name of the
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license steward (except to note that the license differs from this License);
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and (b)áotherwise make it clear that the license contains terms which differ
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from this License.
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5. DISCLAIMER OF WARRANTY.
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COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT
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WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
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AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD
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ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
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DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
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REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
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OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
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UNDER THIS DISCLAIMER.
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6. TERMINATION.
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6.1. This License and the rights granted hereunder will terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within 30
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days of becoming aware of the breach. Provisions which, by their nature, must
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remain in effect beyond the termination of this License shall survive.
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6.2. If You assert a patent infringement claim (excluding declaratory judgment
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actions) against Initial Developer or a Contributor (the Initial Developer or
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Contributor against whom You assert such claim is referred to as Participant)
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alleging that the Participant Software (meaning the Contributor Version where
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the Participant is a Contributor or the Original Software where the Participant
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is the Initial Developer) directly or indirectly infringes any patent, then any
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and all rights granted directly or indirectly to You by such Participant, the
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Initial Developer (if the Initial Developer is not the Participant) and all
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Contributors under Sectionsá2.1 and/or 2.2 of this License shall, upon 60 days
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notice from Participant terminate prospectively and automatically at the
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expiration of such 60 day notice period, unless if within such 60 day period
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You withdraw Your claim with respect to the Participant Software against such
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Participant either unilaterally or pursuant to a written agreement with
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Participant.
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6.3. In the event of termination under Sectionsá6.1 or 6.2 above, all end user
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licenses that have been validly granted by You or any distributor hereunder
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prior to termination (excluding licenses granted to You by any distributor)
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shall survive termination.
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7. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
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OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF
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ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
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INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
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LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
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FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
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IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
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LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
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INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
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LIMITATION MAY NOT APPLY TO YOU.
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8. U.S. GOVERNMENT END USERS.
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The Covered Software is a commercial item, as that term is defined in
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48áC.F.R.á2.101 (Oct. 1995), consisting of commercial computer software (as
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that term is defined at 48 C.F.R. á252.227-7014(a)(1)) and commercial computer
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software documentation as such terms are used in 48áC.F.R.á12.212 (Sept. 1995).
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Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
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(June 1995), all U.S. Government End Users acquire Covered Software with only
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those rights set forth herein. This U.S. Government Rights clause is in lieu
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of, and supersedes, any other FAR, DFAR, or other clause or provision that
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addresses Government rights in computer software under this License.
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9. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter
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hereof. If any provision of this License is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to make it
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enforceable. This License shall be governed by the law of the jurisdiction
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specified in a notice contained within the Original Software (except to the
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extent applicable law, if any, provides otherwise), excluding such
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jurisdictions conflict-of-law provisions. Any litigation relating to this
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License shall be subject to the jurisdiction of the courts located in the
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jurisdiction and venue specified in a notice contained within the Original
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Software, with the losing party responsible for costs, including, without
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limitation, court costs and reasonable attorneys fees and expenses. The
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application of the United Nations Convention on Contracts for the International
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Sale of Goods is expressly excluded. Any law or regulation which provides that
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the language of a contract shall be construed against the drafter shall not
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apply to this License. You agree that You alone are responsible for compliance
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with the United States export administration regulations (and the export
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control laws and regulation of any other countries) when You use, distribute or
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otherwise make available any Covered Software.
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10. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer and the Contributors, each party is responsible
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for claims and damages arising, directly or indirectly, out of its utilization
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of rights under this License and You agree to work with Initial Developer and
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Contributors to distribute such responsibility on an equitable basis. Nothing
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herein is intended or shall be deemed to constitute any admission of liability.
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NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE
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(CDDL) The GlassFish code released under the CDDL shall be governed by the laws
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of the State of California (excluding conflict-of-law provisions). Any
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litigation relating to this License shall be subject to the jurisdiction of the
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Federal Courts of the Northern District of California and the state courts of
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the State of California, with venue lying in Santa Clara County, California.
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==========================================================================
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