Log every bit of my life!

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)

Version 1.0

• 1. Definitions.

  • 1.1. Contributor means each
    
    individual or entity that creates or contributes to the creation of
    
    Modifications.

  • 1.2. Contributor Version means
    
    the combination of the Original Software, prior
    
    Modifications used by a Contributor (if any), and the
    
    Modifications made by that particular Contributor.

  • 1.3. Covered Software means (a)
    
    the Original Software, or (b) Modifications, or (c) the
    
    combination of files containing Original Software with files
    
    containing Modifications, in each case including portions
    
    thereof.

  • 1.4. Executable means the
    
    Covered Software in any form other than Source Code.

  • 1.5. Initial Developer means
    
    the individual or entity that first makes Original Software
    
    available under this License.

  • 1.6. Larger Work means a work
    
    which combines Covered Software or portions thereof with
    
    code not governed by the terms of this License.

  • 1.7. License means this
    
    document.

  • 1.8. Licensable means having
    
    the right to grant, to the maximum extent possible, whether
    
    at the time of the initial grant or subsequently acquired,
    
    any and all of the rights conveyed herein.

  • 1.9. Modifications means the
    
    Source Code and Executable form of any of the following:

    • A. Any file that results from an addition
      
      to, deletion from or modification of the contents of a
      
      file containing Original Software or previous
      
      Modifications;

    • B. Any new file that contains any part of
      
      the Original Software or previous Modification; or

    • C. Any new file that is contributed or
      
      otherwise made available under the terms of this
      
      License.

  • 1.10. Original Software means
    
    the Source Code and Executable form of computer software
    
    code that is originally released under this License.

  • 1.11. Patent Claims means any
    
    patent claim(s), now owned or hereafter acquired, including
    
    without limitation, method, process, and apparatus claims,
    
    in any patent Licensable by grantor.

  • 1.12. Source Code means (a) the
    
    common form of computer software code in which modifications
    
    are made and (b) associated documentation included in or
    
    with such code.

  • 1.13. You (or
    
    Your) means an individual or a legal
    
    entity exercising rights under, and complying with all of
    
    the terms of, this License. For legal entities,
    
    You includes any entity which controls, is
    
    controlled by, or is under common control with You. For
    
    purposes of this definition, control means
    
    (a) the power, direct or indirect, to cause the
    
    direction or management of such entity, whether by contract
    
    or otherwise, or (b) ownership of more than fifty
    
    percent (50%) of the outstanding shares or beneficial
    
    ownership of such entity.

• 2. License Grants.

  • 2.1. The Initial Developer Grant.

    Conditioned upon Your compliance with Section 3.1
    
    below and subject to third party intellectual property
    
    claims, the Initial Developer hereby grants You a
    
    world-wide, royalty-free, non-exclusive license:

    • (a) under intellectual property rights
      
      (other than patent or trademark) Licensable by Initial
      
      Developer, to use, reproduce, modify, display, perform,
      
      sublicense and distribute the Original Software (or
      
      portions thereof), with or without Modifications, and/or
      
      as part of a Larger Work; and

    • (b) under Patent Claims infringed by the
      
      making, using or selling of Original Software, to make,
      
      have made, use, practice, sell, and offer for sale,
      
      and/or otherwise dispose of the Original Software (or
      
      portions thereof).

    • (c) The licenses granted in
      
      Sections 2.1(a) and (b) are effective on the date
      
      Initial Developer first distributes or otherwise makes
      
      the Original Software available to a third party under
      
      the terms of this License.

    • (d) Notwithstanding Section 2.1(b)
      
      above, no patent license is granted: (1) for code
      
      that You delete from the Original Software, or
      
      (2) for infringements caused by: (i) the
      
      modification of the Original Software, or (ii) the
      
      combination of the Original Software with other software
      
      or devices.

  • 2.2. Contributor Grant.

    Conditioned upon Your compliance with Section 3.1 below
    
    and subject to third party intellectual property claims,
    
    each Contributor hereby grants You a world-wide,
    
    royalty-free, non-exclusive license:

    • (a) under intellectual property rights
      
      (other than patent or trademark) Licensable by
      
      Contributor to use, reproduce, modify, display, perform,
      
      sublicense and distribute the Modifications created by
      
      such Contributor (or portions thereof), either on an
      
      unmodified basis, with other Modifications, as Covered
      
      Software and/or as part of a Larger Work; and

    • (b) under Patent Claims infringed by the
      
      making, using, or selling of Modifications made by that
      
      Contributor either alone and/or in combination with its
      
      Contributor Version (or portions of such combination),
      
      to make, use, sell, offer for sale, have made, and/or
      
      otherwise dispose of: (1) Modifications made by
      
      that Contributor (or portions thereof); and (2) the
      
      combination of Modifications made by that Contributor
      
      with its Contributor Version (or portions of such
      
      combination).

    • (c) The licenses granted in
      
      Sections 2.2(a) and 2.2(b) are effective on the
      
      date Contributor first distributes or otherwise makes
      
      the Modifications available to a third party.

    • (d) Notwithstanding Section 2.2(b)
      
      above, no patent license is granted: (1) for any
      
      code that Contributor has deleted from the Contributor
      
      Version; (2) for infringements caused by:
      
      (i) third party modifications of Contributor
      
      Version, or (ii) the combination of Modifications
      
      made by that Contributor with other software (except as
      
      part of the Contributor Version) or other devices; or
      
      (3) under Patent Claims infringed by Covered
      
      Software in the absence of Modifications made by that
      
      Contributor.

• 3. Distribution Obligations.

  • 3.1. Availability of Source Code.

    Any Covered Software that You distribute or otherwise
    
    make available in Executable form must also be made
    
    available in Source Code form and that Source Code form
    
    must be distributed only under the terms of this License.
    
    You must include a copy of this License with every copy of
    
    the Source Code form of the Covered Software You
    
    distribute or otherwise make available. You must inform
    
    recipients of any such Covered Software in Executable form
    
    as to how they can obtain such Covered Software in Source
    
    Code form in a reasonable manner on or through a medium
    
    customarily used for software exchange.

  • 3.2. Modifications.

    The Modifications that You create or to which You
    
    contribute are governed by the terms of this License. You
    
    represent that You believe Your Modifications are Your
    
    original creation(s) and/or You have sufficient rights to
    
    grant the rights conveyed by this License.

  • 3.3. Required Notices.

    You must include a notice in each of Your Modifications
    
    that identifies You as the Contributor of the
    
    Modification. You may not remove or alter any copyright,
    
    patent or trademark notices contained within the Covered
    
    Software, or any notices of licensing or any descriptive
    
    text giving attribution to any Contributor or the Initial
    
    Developer.

  • 3.4. Application of Additional Terms.

    You may not offer or impose any terms on any Covered
    
    Software in Source Code form that alters or restricts the
    
    applicable version of this License or the
    
    recipients rights hereunder. You may choose to
    
    offer, and to charge a fee for, warranty, support,
    
    indemnity or liability obligations to one or more
    
    recipients of Covered Software. However, you may do so
    
    only on Your own behalf, and not on behalf of the Initial
    
    Developer or any Contributor. You must make it absolutely
    
    clear that any such warranty, support, indemnity or
    
    liability obligation is offered by You alone, and You
    
    hereby agree to indemnify the Initial Developer and every
    
    Contributor for any liability incurred by the Initial
    
    Developer or such Contributor as a result of warranty,
    
    support, indemnity or liability terms You offer.

  • 3.5. Distribution of Executable Versions.

    You may distribute the Executable form of the Covered
    
    Software under the terms of this License or under the
    
    terms of a license of Your choice, which may contain terms
    
    different from this License, provided that You are in
    
    compliance with the terms of this License and that the
    
    license for the Executable form does not attempt to limit
    
    or alter the recipients 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 to You by such Participant,
    
    the Initial Developer (if the Initial Developer is not the Participant)
    
    and all Contributors under Sections 2.1 and/or 2.2 of this License
    
    shall, upon 60 days notice from Participant terminate prospectively and
    
    automatically at the expiration of such 60 day notice period, unless if
    
    within such 60 day period You withdraw Your claim with respect to the
    
    Participant Software against such Participant either unilaterally or
    
    pursuant to a written agreement with Participant.

  • 6.3. In the event of termination under
    
    Sections 6.1 or 6.2 above, all end user licenses
    
    that have been
    
    validly granted by You or any distributor hereunder prior to
    
    termination (excluding licenses granted to You by any
    
    distributor) shall survive termination.

• 7. LIMITATION OF LIABILITY.

  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
  
  TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
  
  YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
  
  DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF
  
  SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
  
  SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
  
  INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, 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 PARTYS
  
  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 jurisdictions
  
  conflict-of-law provisions. Any
  
  litigation relating to this License shall be subject to the
  
  jurisdiction of the courts located in the
  
  jurisdiction and venue specified in a notice contained within
  
  the Original Software, with the losing party responsible for
  
  costs, including, without limitation, court costs and
  
  reasonable attorneys fees and expenses. The
  
  application of the United Nations Convention on Contracts for
  
  the International Sale of Goods is expressly excluded. Any
  
  law or regulation which provides that the language of a
  
  contract shall be construed against the drafter shall not
  
  apply to this License. You agree that You alone are
  
  responsible for compliance with the United States export
  
  administration regulations (and the export control laws and
  
  regulation of any other countries) when You use, distribute or
  
  otherwise make available any Covered Software.

• 10. RESPONSIBILITY FOR CLAIMS.

  As between Initial Developer and the Contributors, each
  
  party is responsible for claims and damages arising, directly
  
  or indirectly, out of its utilization of rights under this
  
  License and You agree to work with Initial Developer and
  
  Contributors to distribute such responsibility on an equitable
  
  basis. Nothing herein is intended or shall be deemed to
  
  constitute any admission of liability.

Source: OSI