kim-api  2.1.4-git+v2.1.3-git-1-g7847914a.GNU
An Application Programming Interface (API) for the Knowledgebase of Interatomic Models (KIM).
LICENSE.CDDL
Go to the documentation of this file.
1 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
2 
3 1. Definitions.
4 
5 1.1. "Contributor" means each individual or entity that
6 creates or contributes to the creation of Modifications.
7 
8 1.2. "Contributor Version" means the combination of the
9 Original Software, prior Modifications used by a
10 Contributor (if any), and the Modifications made by that
11 particular Contributor.
12 
13 1.3. "Covered Software" means (a) the Original Software, or
14 (b) Modifications, or (c) the combination of files
15 containing Original Software with files containing
16 Modifications, in each case including portions thereof.
17 
18 1.4. "Executable" means the Covered Software in any form
19 other than Source Code.
20 
21 1.5. "Initial Developer" means the individual or entity
22 that first makes Original Software available under this
23 License.
24 
25 1.6. "Larger Work" means a work which combines Covered
26 Software or portions thereof with code not governed by the
27 terms of this License.
28 
29 1.7. "License" means this document.
30 
31 1.8. "Licensable" means having the right to grant, to the
32 maximum extent possible, whether at the time of the initial
33 grant or subsequently acquired, any and all of the rights
34 conveyed herein.
35 
36 1.9. "Modifications" means the Source Code and Executable
37 form of any of the following:
38 
39 A. Any file that results from an addition to,
40 deletion from or modification of the contents of a
41 file containing Original Software or previous
42 Modifications;
43 
44 B. Any new file that contains any part of the
45 Original Software or previous Modification; or
46 
47 C. Any new file that is contributed or otherwise made
48 available under the terms of this License.
49 
50 1.10. "Original Software" means the Source Code and
51 Executable form of computer software code that is
52 originally released under this License.
53 
54 1.11. "Patent Claims" means any patent claim(s), now owned
55 or hereafter acquired, including without limitation,
56 method, process, and apparatus claims, in any patent
57 Licensable by grantor.
58 
59 1.12. "Source Code" means (a) the common form of computer
60 software code in which modifications are made and (b)
61 associated documentation included in or with such code.
62 
63 1.13. "You" (or "Your") means an individual or a legal
64 entity exercising rights under, and complying with all of
65 the terms of, this License. For legal entities, "You"
66 includes any entity which controls, is controlled by, or is
67 under common control with You. For purposes of this
68 definition, "control" means (a) the power, direct or
69 indirect, to cause the direction or management of such
70 entity, whether by contract or otherwise, or (b) ownership
71 of more than fifty percent (50%) of the outstanding shares
72 or beneficial ownership of such entity.
73 
74 2. License Grants.
75 
76 2.1. The Initial Developer Grant.
77 
78 Conditioned upon Your compliance with Section 3.1 below and
79 subject to third party intellectual property claims, the
80 Initial Developer hereby grants You a world-wide,
81 royalty-free, non-exclusive license:
82 
83 (a) under intellectual property rights (other than
84 patent or trademark) Licensable by Initial Developer,
85 to use, reproduce, modify, display, perform,
86 sublicense and distribute the Original Software (or
87 portions thereof), with or without Modifications,
88 and/or as part of a Larger Work; and
89 
90 (b) under Patent Claims infringed by the making,
91 using or selling of Original Software, to make, have
92 made, use, practice, sell, and offer for sale, and/or
93 otherwise dispose of the Original Software (or
94 portions thereof).
95 
96 (c) The licenses granted in Sections 2.1(a) and (b)
97 are effective on the date Initial Developer first
98 distributes or otherwise makes the Original Software
99 available to a third party under the terms of this
100 License.
101 
102 (d) Notwithstanding Section 2.1(b) above, no patent
103 license is granted: (1) for code that You delete from
104 the Original Software, or (2) for infringements
105 caused by: (i) the modification of the Original
106 Software, or (ii) the combination of the Original
107 Software with other software or devices.
108 
109 2.2. Contributor Grant.
110 
111 Conditioned upon Your compliance with Section 3.1 below and
112 subject to third party intellectual property claims, each
113 Contributor hereby grants You a world-wide, royalty-free,
114 non-exclusive license:
115 
116 (a) under intellectual property rights (other than
117 patent or trademark) Licensable by Contributor to
118 use, reproduce, modify, display, perform, sublicense
119 and distribute the Modifications created by such
120 Contributor (or portions thereof), either on an
121 unmodified basis, with other Modifications, as
122 Covered Software and/or as part of a Larger Work; and
123 
124 (b) under Patent Claims infringed by the making,
125 using, or selling of Modifications made by that
126 Contributor either alone and/or in combination with
127 its Contributor Version (or portions of such
128 combination), to make, use, sell, offer for sale,
129 have made, and/or otherwise dispose of: (1)
130 Modifications made by that Contributor (or portions
131 thereof); and (2) the combination of Modifications
132 made by that Contributor with its Contributor Version
133 (or portions of such combination).
134 
135 (c) The licenses granted in Sections 2.2(a) and
136 2.2(b) are effective on the date Contributor first
137 distributes or otherwise makes the Modifications
138 available to a third party.
139 
140 (d) Notwithstanding Section 2.2(b) above, no patent
141 license is granted: (1) for any code that Contributor
142 has deleted from the Contributor Version; (2) for
143 infringements caused by: (i) third party
144 modifications of Contributor Version, or (ii) the
145 combination of Modifications made by that Contributor
146 with other software (except as part of the
147 Contributor Version) or other devices; or (3) under
148 Patent Claims infringed by Covered Software in the
149 absence of Modifications made by that Contributor.
150 
151 3. Distribution Obligations.
152 
153 3.1. Availability of Source Code.
154 
155 Any Covered Software that You distribute or otherwise make
156 available in Executable form must also be made available in
157 Source Code form and that Source Code form must be
158 distributed only under the terms of this License. You must
159 include a copy of this License with every copy of the
160 Source Code form of the Covered Software You distribute or
161 otherwise make available. You must inform recipients of any
162 such Covered Software in Executable form as to how they can
163 obtain such Covered Software in Source Code form in a
164 reasonable manner on or through a medium customarily used
165 for software exchange.
166 
167 3.2. Modifications.
168 
169 The Modifications that You create or to which You
170 contribute are governed by the terms of this License. You
171 represent that You believe Your Modifications are Your
172 original creation(s) and/or You have sufficient rights to
173 grant the rights conveyed by this License.
174 
175 3.3. Required Notices.
176 
177 You must include a notice in each of Your Modifications
178 that identifies You as the Contributor of the Modification.
179 You may not remove or alter any copyright, patent or
180 trademark notices contained within the Covered Software, or
181 any notices of licensing or any descriptive text giving
182 attribution to any Contributor or the Initial Developer.
183 
184 3.4. Application of Additional Terms.
185 
186 You may not offer or impose any terms on any Covered
187 Software in Source Code form that alters or restricts the
188 applicable version of this License or the recipients'
189 rights hereunder. You may choose to offer, and to charge a
190 fee for, warranty, support, indemnity or liability
191 obligations to one or more recipients of Covered Software.
192 However, you may do so only on Your own behalf, and not on
193 behalf of the Initial Developer or any Contributor. You
194 must make it absolutely clear that any such warranty,
195 support, indemnity or liability obligation is offered by
196 You alone, and You hereby agree to indemnify the Initial
197 Developer and every Contributor for any liability incurred
198 by the Initial Developer or such Contributor as a result of
199 warranty, support, indemnity or liability terms You offer.
200 
201 3.5. Distribution of Executable Versions.
202 
203 You may distribute the Executable form of the Covered
204 Software under the terms of this License or under the terms
205 of a license of Your choice, which may contain terms
206 different from this License, provided that You are in
207 compliance with the terms of this License and that the
208 license for the Executable form does not attempt to limit
209 or alter the recipient's rights in the Source Code form
210 from the rights set forth in this License. If You
211 distribute the Covered Software in Executable form under a
212 different license, You must make it absolutely clear that
213 any terms which differ from this License are offered by You
214 alone, not by the Initial Developer or Contributor. You
215 hereby agree to indemnify the Initial Developer and every
216 Contributor for any liability incurred by the Initial
217 Developer or such Contributor as a result of any such terms
218 You offer.
219 
220 3.6. Larger Works.
221 
222 You may create a Larger Work by combining Covered Software
223 with other code not governed by the terms of this License
224 and distribute the Larger Work as a single product. In such
225 a case, You must make sure the requirements of this License
226 are fulfilled for the Covered Software.
227 
228 4. Versions of the License.
229 
230 4.1. New Versions.
231 
232 Sun Microsystems, Inc. is the initial license steward and
233 may publish revised and/or new versions of this License
234 from time to time. Each version will be given a
235 distinguishing version number. Except as provided in
236 Section 4.3, no one other than the license steward has the
237 right to modify this License.
238 
239 4.2. Effect of New Versions.
240 
241 You may always continue to use, distribute or otherwise
242 make the Covered Software available under the terms of the
243 version of the License under which You originally received
244 the Covered Software. If the Initial Developer includes a
245 notice in the Original Software prohibiting it from being
246 distributed or otherwise made available under any
247 subsequent version of the License, You must distribute and
248 make the Covered Software available under the terms of the
249 version of the License under which You originally received
250 the Covered Software. Otherwise, You may also choose to
251 use, distribute or otherwise make the Covered Software
252 available under the terms of any subsequent version of the
253 License published by the license steward.
254 
255 4.3. Modified Versions.
256 
257 When You are an Initial Developer and You want to create a
258 new license for Your Original Software, You may create and
259 use a modified version of this License if You: (a) rename
260 the license and remove any references to the name of the
261 license steward (except to note that the license differs
262 from this License); and (b) otherwise make it clear that
263 the license contains terms which differ from this License.
264 
265 5. DISCLAIMER OF WARRANTY.
266 
267 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
268 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
269 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
270 SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
271 PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
272 PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
273 COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
274 INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
275 ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
276 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
277 ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
278 DISCLAIMER.
279 
280 6. TERMINATION.
281 
282 6.1. This License and the rights granted hereunder will
283 terminate automatically if You fail to comply with terms
284 herein and fail to cure such breach within 30 days of
285 becoming aware of the breach. Provisions which, by their
286 nature, must remain in effect beyond the termination of
287 this License shall survive.
288 
289 6.2. If You assert a patent infringement claim (excluding
290 declaratory judgment actions) against Initial Developer or
291 a Contributor (the Initial Developer or Contributor against
292 whom You assert such claim is referred to as "Participant")
293 alleging that the Participant Software (meaning the
294 Contributor Version where the Participant is a Contributor
295 or the Original Software where the Participant is the
296 Initial Developer) directly or indirectly infringes any
297 patent, then any and all rights granted directly or
298 indirectly to You by such Participant, the Initial
299 Developer (if the Initial Developer is not the Participant)
300 and all Contributors under Sections 2.1 and/or 2.2 of this
301 License shall, upon 60 days notice from Participant
302 terminate prospectively and automatically at the expiration
303 of such 60 day notice period, unless if within such 60 day
304 period You withdraw Your claim with respect to the
305 Participant Software against such Participant either
306 unilaterally or pursuant to a written agreement with
307 Participant.
308 
309 6.3. In the event of termination under Sections 6.1 or 6.2
310 above, all end user licenses that have been validly granted
311 by You or any distributor hereunder prior to termination
312 (excluding licenses granted to You by any distributor)
313 shall survive termination.
314 
315 7. LIMITATION OF LIABILITY.
316 
317 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
318 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
319 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
320 COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
321 LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
322 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
323 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
324 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
325 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
326 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
327 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
328 INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
329 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
330 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
331 CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
332 APPLY TO YOU.
333 
334 8. U.S. GOVERNMENT END USERS.
335 
336 The Covered Software is a "commercial item," as that term is
337 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
338 computer software" (as that term is defined at 48 C.F.R.
339 252.227-7014(a)(1)) and "commercial computer software
340 documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
341 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
342 through 227.7202-4 (June 1995), all U.S. Government End Users
343 acquire Covered Software with only those rights set forth herein.
344 This U.S. Government Rights clause is in lieu of, and supersedes,
345 any other FAR, DFAR, or other clause or provision that addresses
346 Government rights in computer software under this License.
347 
348 9. MISCELLANEOUS.
349 
350 This License represents the complete agreement concerning subject
351 matter hereof. If any provision of this License is held to be
352 unenforceable, such provision shall be reformed only to the
353 extent necessary to make it enforceable. This License shall be
354 governed by the law of the jurisdiction specified in a notice
355 contained within the Original Software (except to the extent
356 applicable law, if any, provides otherwise), excluding such
357 jurisdiction's conflict-of-law provisions. Any litigation
358 relating to this License shall be subject to the jurisdiction of
359 the courts located in the jurisdiction and venue specified in a
360 notice contained within the Original Software, with the losing
361 party responsible for costs, including, without limitation, court
362 costs and reasonable attorneys' fees and expenses. The
363 application of the United Nations Convention on Contracts for the
364 International Sale of Goods is expressly excluded. Any law or
365 regulation which provides that the language of a contract shall
366 be construed against the drafter shall not apply to this License.
367 You agree that You alone are responsible for compliance with the
368 United States export administration regulations (and the export
369 control laws and regulation of any other countries) when You use,
370 distribute or otherwise make available any Covered Software.
371 
372 10. RESPONSIBILITY FOR CLAIMS.
373 
374 As between Initial Developer and the Contributors, each party is
375 responsible for claims and damages arising, directly or
376 indirectly, out of its utilization of rights under this License
377 and You agree to work with Initial Developer and Contributors to
378 distribute such responsibility on an equitable basis. Nothing
379 herein is intended or shall be deemed to constitute any admission
380 of liability.