License: Common Development and Distribution License

The CDDL seems to have arisen as a direct result of the differences between Open Source and Free Software. Many at Sun Micro System wanted Solaris to be 'open source' and naturally wanted the simplest most powerful least problematic most popular license to use, the GPL. However, developers of Solaris, a militantly open source set of people, were very opposed to using GPL and wanted to be sure their code was never GPL'd (GPL originates from the Free Software camp). Solaris, having many components of software meant the dealing with many teams of various philosophies. And it all had to be sent to the lawyers for approval in the end. Rather than hand the lawyers a report of BSD, MIT, MPL, SPL (Sun Public License), GPL liceses and a tree of how the software all related to each other, and spend monthes figuring out how to fit all the licenses together, and train the lawyers in the various technical activities involved in each, the CDDL was formed. A license was defiantly Open Source and GPL-incompatible yet not that offensive to other philosophies and just complex enough to give the lawyers job security, but not overtime.

A careful study of the text reveals subtle digs against Free Software:
"intellectual property rights". this term has been recommended for non-use by Free Software
"Licensable by Initial Developer". Free Software philosophies grants rights to the user and benefits to developer. Open Source legalism grants rights to the developer and other developers. Benefits to the user is just assumed (not specifically protected).

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE
(CDDL)
Version 1.0
(text)
• 1. Definitions.
o 1.1. Contributor means each
individual or entity that creates or contributes to the creation of
Modifications.
o 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.
o 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.
o 1.4. Executable means the
Covered Software in any form other than Source Code.
o 1.5. Initial Developer means
the individual or entity that first makes Original Software
available under this License.
o 1.6. Larger Work means a work
which combines Covered Software or portions thereof with
code not governed by the terms of this License. o 1.7. License means this
document.
o 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.
o 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.
o 1.10. Original Software means
the Source Code and Executable form of computer software
code that is originally released under this License.
o 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.
o 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.
o 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.
o 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.
o 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.o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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.
o 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 areresponsible 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.