view release on metacpan or  search on metacpan

src/Source/LibRawLite/LICENSE.CDDL  view on Meta::CPAN

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.

----------------------------------------------------------------

NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
DISTRIBUTION LICENSE (CDDL): This code is released under the
CDDL and 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