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DiceLock Free/Libre Source Code License (DL-FLSCL) version 1.0 is based on Common Development and Distribution License (CDDL) version 1.1 Open Source license.

As it is stated in CDDL section "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.

So, we have decided to develope DiceLock Free/Libre Source Code License (DL-FLSCL) to release DiceLock Security free products under this license. 

In this page you can find the changes that have been introduced to the original CDDL to develope DL-FLSCL under the terms that CDDL allows. This explicit comparison allows to easily identify the key terms that have been changed, introduced or removed for those that are familiar with the well known CDDL.

Changes between CDDL and DL-FLSCL can be summarized as follows:

  • 1 .- modified "Patent Claims" definition,
  • 2 .- modified “You” (or “Your”) definition,
  • 3 .- extracted “Control” definition as standalone term,
  • 4 .- introduced “NonCommercial” definition,
  • 5 .- Initial Developer granted rights limited to “for NonCommercial” purposes,
  • 6 .- Initial Developer Patent Claims rights not granted to sell and offer to sell as well as establishing those granted rights “for NonCommercial” purposes,
  • 7 .- Contributor granted rights limited to “for NonCommercial” purposes,
  • 8 .- Contributor Patent Claims rights not granted to sell and offer to sell as well as establishing those granted rights “for NonCommercial” purposes,
  • 9 .- changed license steward from Oracle to DiceLock Security,
  • 10 .- substitution of section 8 regarding "U.S. GOVERNMENT END USERS" to "IMPORT/EXPORT/RE-EXPORT LAWS AND REGULATIONS" provisions, and
  • 11 .- law jurisdiction and courts changed from "in a notice contained in Original Software" to "wherein Initial Developer resides"; and not limiting the need to adhere to export administration regulations just for the United States country.

and these changes are:


 

1 .- Modified "Patents Claims" definition in section 1.11.

While in CDDL 1.1 it is stated:

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.

DL-FLSCL 1.0 states:

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

 


 

2 .- Modified “You” (or “Your”) definition in section 1.13.

While in CDDL 1.1 it is stated:

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.

DL-FLSCL 1.0 states:

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.

 


 

3 .- Setting standalone “Control” definition.

While in CDDL 1.1 states no independent text definition:

 

DL-FLSCL 1.0 states (extracted from CDDL section 1.13):

1.14 "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.

 


 

4 .- Added “NonCommercial” definition.

While in CDDL 1.1 there is no definition:

 

DL-FLSCL 1.0 states:

1.15 "NonCommercial" means not for any commercial business, revenue-generating business, or government/agency activity.

 


 

5 .- Added in The Initial Developer Grant, section 2.1.(a), under intellectual property rights the limitation of rights granted for “NonCommercial” purposes.

While in CDDL 1.1 states:

(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

DL-FLSCL 1.0 states:

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

 


 

6 .- Removed in The Initial Developer Grant, section 2.1.(b), under Patent Claims rights granted to sell and offer to sell as well as establishing granted rights for “NonCommercial” purposes.

While in CDDL 1.1 states:

(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).

DL-FLSCL 1.0 states:

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

 


 

7 .- Added in Contributor Grant, section 2.2.(a), under intellectual property rights the limitation of rights granted for “NonCommercial” purposes.

While in CDDL 1.1 states:

(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

DL-FLSCL 1.0 states:

(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute for NonCommercial purposes 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

 


 

8 .- Removed in Contributor Grant, section 2.2.(b), under Patent Claims rights granted to sell and offer to sell as well as establishing granted rights for “NonCommercial” purposes.

While in CDDL 1.1 states:

(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).

DL-FLSCL 1.0 states:

(b) under Patent Claims infringed by the making or using of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, 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); for NonCommercial purposes.

 


 

9 .- Changed license steward from Oracle to DiceLock Security.

While in CDDL 1.1 states:

Oracle 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.

DL-FLSCL 1.0 states:

DiceLock Security 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

 


 

10 .- Substitution of section 8 regarding "U.S. GOVERNMENT END USERS" to "IMPORT/EXPORT/RE-EXPORT LAWS AND REGULATIONS" provisions.

While in CDDL 1.1 states:

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.

DL-FLSCL 1.0 states:

8. IMPORT/EXPORT/RE-EXPORT LAWS AND REGULATIONS.

8.1 Covered Software uses cryptography, and although it is created, maintained and distributed from liberal countries in Europe (where it is legal to do this), it falls under certain import/export/re-export and/or use restrictions in some other parts of the world. Import/Export/Re-export and/or use of strong cryptographic Covered Software, providing cryptography hooks or even just communicating technical details about cryptographic Covered Software is illegal in some parts of the world. So, when You import this Covered Software to Your country, re-distribute it from there or even just email technical suggestions or even Source Code patches to the author or other people You are strongly advised to pay close attention to any import/export/re-export and/or use laws which apply to You. Initial Developer and Contributor are not liable for any violations You make.
8.2 You agree to comply with all applicable international and national laws that apply to the Covered Software, including import/export/re-export control laws and regulations of corresponding countries and foreign jurisdictions, as well as end-user, end-use, and destination restrictions issued by international organizations, treaties and national regulations that apply. Under this License, You are agreeing to be responsible for compliance with all applicable laws and regulations, to obtain any necessary prior authorization from the applicable government authority and to indemnify, defend, and hold harmless Initial Developer and Contributor in case of non-compliance of Your obligations.

 


 

11 .- Changed in section 9. MISCELLANEOUS, the need to specify law jurisdiction and courts from "in a notice contained in Original Software" to "wherein Initial Developer resides"; and not limiting export administration regulations to the United States.

While in CDDL 1.1 states:

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.

DL-FLSCL 1.0 states:

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 wherein the Initial Developer resides or in which Initial Developer conducts its primary business (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 wherein the Initial Developer resides or in which Initial Developer conducts its primary business, 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 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.