OverTheCap.com has both Simms and Cunningham listed as on the team page for 2014. Simms would be an exclusive player to the Jets since this is just his second year.
Cunningham would be an unrestricted free agent this year. Drafted by the Patriots in 2010 in the second round, Cunningham didn't become the player the Patriots hoped and he was cut by New England during 2013 cutdowns. The Niners picked him up for the month of October before releasing him.
By signing him now, the Jets might try to hedge their bets at the OLB position as they head into free agency and the draft by making Cunningham the coaching staff's reclamation project much as they have with Jarron Gilbert, Marcus Dixon, Aaron Maybin and Jaiquawn Jarrett in the last few years.