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Add CDDL to INSTALLLICENSE file
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git-svn-id: https://svn.apache.org/repos/asf/tomcat/trunk@1343046 13f79535-47bb-0310-9956-ffa450edef68
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Konstantin Kolinko committed May 27, 2012
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Expand Up @@ -705,3 +705,346 @@ subjecting your linked code to the terms of the Common Public license version
1.0. Any modifications or additions to files from the LZMA compression module
for NSIS, however, are subject to the terms of the Common Public License version
1.0.


For the following XML Schemas for Java EE Deployment Descriptors:
- javaee_5.xsd
- javaee_web_services_1_2.xsd
- javaee_web_services_client_1_2.xsd
- javaee_6.xsd
- javaee_web_services_1_3.xsd
- javaee_web_services_client_1_3.xsd
- jsp_2_2.xsd
- web-app_3_0.xsd
- web-common_3_0.xsd
- web-fragment_3_0.xsd

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 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 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 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. 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.

NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION
LICENSE (CDDL)

The code released under the CDDL shall be governed by the laws of the State
of California (excluding conflict-of-law provisions). Any litigation relating
to this License shall be subject to the jurisdiction of the Federal Courts of
the Northern District of California and the state courts of the State of
California, with venue lying in Santa Clara County, California.

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