Subject: For Approval: Common Development and Distribution License (CDDL)
From: Claire Giordano <claire.giordano@sun.com>
Date: Wed, 01 Dec 2004 19:47:39 -0800
Wed, 01 Dec 2004 19:47:39 -0800
Please consider the attached license (text form attached) for OSI review and 
approval.  It is called the Common Development and Distribution License (CDDL).
	http://www.sun.com/cddl/

CDDL is derived from MPL1.1.  High-level and detailed descriptions of what has 
been changed from MPL are available at:
	http://www.sun.com/cddl/CDDL_why_summary.html
	http://www.sun.com/cddl/CDDL_why_details.html

Redline/diffs between CDDL and MPL can be found at:
	http://www.sun.com/cddl/CDDL_MPL_redline.pdf

As required, here is an explanation of how software distributed under this 
license can be used in conjunction with software distributed under other open 
source licenses:

The CDDL is similar to the MPL and its derivative licenses (CPL, SPL,
etc.) in terms of combination with software distributed under other
licenses.  As with the MPL, files made available under the CDDL can be
linked together with files made available under another license, as
long as the other license does not prevent such linkage.  This means
that (for example) files licensed under the CDDL can be linked
together with files licensed under the MPL, SPL, CPL (or other
licenses that allow files under different licenses to be linked
together) as well as with code released under "academic" licenses such
as BSD, AFL, Apache, and X11.  In addition, source code licensed under
the CDDL can be combined in the same file with code licensed under an
academic license, as long as the resulting source file is distributed
under the CDDL.

Note that if files under different licenses are statically linked and
the resulting binary is distributed, then the binary license must meet
the terms of both licenses.  For example, the source for any
modifications to files licensed under CDDL must be distributed even if
those files are linked with files available under a license without
such a requirement.

Like the MPL, the CDDL is not expected to be compatible with the GPL,
since it contains requirements that are not in the GPL (for example,
the "patent peace" provision in section 6).  Thus, it is likely that
files released under the CDDL will not be able to be combined with
files released under the GPL to create a larger program.

Thanks,
Claire Giordano
CDDL Team, Sun Microsystems




COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
Draft Revised 11/24/04

1. Definitions.

    1.1. "Contributor" means each 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 Modifications; 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 than 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.

    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 "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 by such Participant to You under Sections 2.1 and/or
    2.2 of this License shall, upon 60 days notice from Participant
    terminate prospectively, unless if within 60 days after receipt of
    notice You either: (i) agree in writing to pay Participant a
    mutually agreeable reasonable royalty for Your past and future use
    of the Participant Software made by such Participant, or
    (ii) withdraw Your claim with respect to the Participant Software
    against such Participant.  If within 60 days of notice, a
    reasonable royalty and payment arrangement are not mutually agreed
    upon in writing by the parties or the claim is not withdrawn, the
    rights granted by Participant to You under Sections 2.1 and/or 2.2
    automatically terminate at the expiration of the 60 day notice
    period specified above.

    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 (excluding distributors and resellers) 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.  With respect to disputes in which at
    least one party is a citizen of, or an entity chartered or
    registered to do business in the United States of America, any
    litigation relating to this License shall be subject to the
    jurisdiction of the state and Federal 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.