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Common Public Attribution License Version 1.0 (CPAL)
1. "Definitions"
1.0.1 "Commercial Use" means distribution or otherwise making the Covered
Code available to a third party.
1.1 "Contributor" means each entity that creates or contributes to the creation
of Modifications.
1.2 "Contributor Version" means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that particular
Contributor.
1.3 "Covered Code" means the Original Code or Modifications or the combination
of the Original Code and Modifications, in each case including portions thereof.
1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted
in the software development community for the electronic transfer of data.
1.5 "Executable" means Covered Code in any form other than Source Code.
1.6 "Initial Developer" means the individual or entity identified as the Initial
Developer in the Source Code notice required by Exhibit A.
1.7 "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.
1.8 "License" means this document.
1.8.1 "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 any addition to or deletion from the substance or
structure of either the Original Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10 "Original Code" means Source Code of computer software code which is
described in the Source Code notice required by Exhibit A as Original Code,
and which, at the time of its release under this License is not already Covered
Code governed by this License.
1.10.1 "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.
1.11 "Source Code" means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and installation
of an Executable, or source code differential comparisons against either the
Original Code or another well known, available Covered Code of the Contributor's
choice. The Source Code can be in a compressed or archival form, provided
the appropriate decompression or de-archiving software is widely available
for no charge.
1.12 "You" (or "Your") means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future version
of this License issued under Section 6.1. 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. Source Code License.
2.1 The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims:
(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 Code (or portions thereof) with or without Modifications,
and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original
Code, to make, have made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
date Initial Developer first distributes Original Code 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 Code; 2) separate from the Original
Code; or 3) for infringements caused by: i) the modification of the Original
Code or ii) the combination of the Original Code with other software or devices.
2.2 Contributor Grant.
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 Code 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 makes Commercial Use of the Covered Code.
(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)
separate from the Contributor Version; 3) 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 4) under Patent Claims infringed
by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1 Application of License.
The Modifications which You create or to which You contribute are governed
by the terms of this License, including without limitation Section 2.2. The
Source Code version of Covered Code may be distributed only under the terms
of this License or a future version of this License released under Section
6.1, and You must include a copy of this License with every copy of the Source
Code You distribute. You may not offer or impose any terms on any Source Code
version that alters or restricts the applicable version of this License or
the recipients' rights hereunder. However, You may include an additional document
offering the additional rights described in Section 3.5.
3.2 Availability of Source Code.
Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on the
same media as an Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version available; and
if made available via Electronic Distribution Mechanism, must remain available
for at least twelve (12) months after the date it initially became available,
or at least six (6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for ensuring
that the Source Code version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
3.3 Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file
documenting the changes You made to create that Covered Code and the date
of any change. You must include a prominent statement that the Modification
is derived, directly or indirectly, from Original Code provided by the Initial
Developer and including the name of the Initial Developer in (a) the Source
Code, and (b) in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Code.
3.4 Intellectual Property Matters
(a) Third Party Claims. If Contributor has knowledge that a license under
a third party's intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2, Contributor must include
a text file with the Source Code distribution titled "LEGAL" which describes
the claim and the party making the claim in sufficient detail that a recipient
will know whom to contact. If Contributor obtains such knowledge after the
Modification is made available as described in Section 3.2, Contributor shall
promptly modify the LEGAL file in all copies Contributor makes available thereafter
and shall take other steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated to inform those who received the Covered
Code that new knowledge has been obtained.
(b) Contributor APIs. If Contributor's Modifications include an application
programming interface and Contributor has knowledge of patent licenses which
are reasonably necessary to implement that API, Contributor must also include
this information in the LEGAL file.
(c) Representations. Contributor represents that, except as disclosed pursuant
to Section 3.4(a) above, Contributor believes that Contributor's Modifications
are Contributor's original creation(s) and/or Contributor has sufficient rights
to grant the rights conveyed by this License.
3.5 Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code.
If it is not possible to put such notice in a particular Source Code file
due to its structure, then You must include such notice in a location (such
as a relevant directory) where a user would be likely to look for such a notice.
If You created one or more Modification(s) You may add your name as a Contributor
to the notice described in Exhibit A. You must also duplicate this License
in any documentation for the Source Code where You describe recipients' rights
or ownership rights relating to Covered Code. You may choose to offer, and
to charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Covered Code. 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 than 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.
3.6 Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements
of Section 3.1-3.5 have been met for that Covered Code, and if You include
a notice stating that the Source Code version of the Covered Code is available
under the terms of this License, including a description of how and where
You have fulfilled the obligations of Section 3.2. The notice must be conspicuously
included in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating to the Covered
Code. You may distribute the Executable version of Covered Code or ownership
rights under 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 version does not attempt to limit
or alter the recipient's rights in the Source Code version from the rights
set forth in this License. If You distribute the Executable version 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,
Original Developer or any Contributor. You hereby agree to indemnify the Initial
Developer, Original Developer and every Contributor for any liability incurred
by the Initial Developer, Original Developer or such Contributor as a result
of any such terms You offer.
3.7 Larger Works.
You may create a Larger Work by combining Covered Code 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 Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Code due to statute, judicial order,
or regulation then You must: (a) comply with the terms of this License to
the maximum extent possible; and (b) describe the limitations and the code
they affect. Such description must be included in the LEGAL file described
in Section 3.4 and must be included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such description
must be sufficiently detailed for a recipient of ordinary skill to be able
to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the
notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1 New Versions.
Socialtext, Inc. ("Socialtext") may publish revised and/or new versions of
the License from time to time. Each version will be given a distinguishing
version number.
6.2 Effect of New Versions.
Once Covered Code has been published under a particular version of the License,
You may always continue to use it under the terms of that version. You may
also choose to use such Covered Code under the terms of any subsequent version
of the License published by Socialtext. No one other than Socialtext has the
right to modify the terms applicable to Covered Code created under this License.
6.3 Derivative Works.
If You create or use a modified version of this License (which you may only
do in order to apply it to code which is not already Covered Code governed
by this License), You must (a) rename Your license so that the phrases "Socialtext",
"CPAL" or any confusingly similar phrase do not appear in your license (except
to note that your license differs from this License) and (b) otherwise make
it clear that Your version of the license contains terms which differ from
the CPAL. (Filling in the name of the Initial Developer, Original Developer,
Original Code or Contributor in the notice described in Exhibit A shall not
of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE 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 CODE 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 CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL 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 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1 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. All sublicenses to the Covered Code
which are properly granted shall survive any termination of this License.
Provisions which, by their nature, must remain in effect beyond the termination
of this License shall survive.
8.2 If You initiate litigation by asserting a patent infringement claim (excluding
declatory judgment actions) against Initial Developer, Original Developer
or a Contributor (the Initial Developer, Original Developer or Contributor
against whom You file such action is referred to as "Participant") alleging
that:
(a) such Participant's Contributor Version directly or indirectly infringes
any patent, then any and all rights granted by such Participant to You under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
terminate prospectively, unless if within 60 days after receipt of notice
You either: (i) agree in writing to pay Participant a mutually agreeable reasonable
royalty for Your past and future use of Modifications made by such Participant,
or (ii) withdraw Your litigation claim with respect to the Contributor Version
against such Participant. If within 60 days of notice, a reasonable royalty
and payment arrangement are not mutually agreed upon in writing by the parties
or the litigation claim is not withdrawn, the rights granted by Participant
to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's Contributor
Version, directly or indirectly infringes any patent, then any rights granted
to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
as of the date You first made, used, sold, distributed, or had made, Modifications
made by that Participant.
8.3 If You assert a patent infringement claim against Participant alleging
that such Participant's Contributor Version directly or indirectly infringes
any patent where such claim is resolved (such as by license or settlement)
prior to the initiation of patent infringement litigation, then the reasonable
value of the licenses granted by such Participant under Sections 2.1 or 2.2
shall be taken into account in determining the amount or value of any payment
or license.
8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user
license agreements (excluding distributors and resellers) which have been
validly granted by You or any distributor hereunder prior to termination shall
survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ORIGINAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, 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 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.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of "commercial computer software" 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 Code
with only those rights set forth herein.
11. 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 California law provisions (except to the extent
applicable law, if any, provides otherwise), excluding its conflict-of-law
provisions. With respect to disputes in which at least one party is a citizen
of, or an entity chartered or registered to do business in the United States
of America, any litigation relating to this License shall be subject to the
jurisdiction of the Federal Courts of the Northern District of California,
with venue lying in Santa Clara County, California, 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.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer, Original 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, Original 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.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as Multiple-Licensed.
Multiple-Licensed means that the Initial Developer permits you to utilize
portions of the Covered Code under Your choice of the CPAL or the alternative
licenses, if any, specified by the Initial Developer in the file described
in Exhibit A.
14. ADDITIONAL TERM: ATTRIBUTION
(a) As a modest attribution to the organizer of the development of the Original
Code ("Original Developer"), in the hope that its promotional value may help
justify the time, money and effort invested in writing the Original Code,
the Original Developer may include in Exhibit B ("Attribution Information")
a requirement that each time an Executable and Source Code or a Larger Work
is launched or initially run (which includes initiating a session), a prominent
display of the Original Developer's Attribution Information (as defined below)
must occur on the graphic user interface employed by the end user to access
such Covered Code (which may include display on a splash screen), if any.
The size of the graphic image should be consistent with the size of the other
elements of the Attribution Information. If the access by the end user to
the Executable and Source Code does not create a graphic user interface for
access to the Covered Code, this obligation shall not apply. If the Original
Code displays such Attribution Information in a particular form (such as in
the form of a splash screen, notice at login, an "about" display, or dedicated
attribution area on user interface screens), continued use of such form for
that Attribution Information is one way of meeting this requirement for notice.
(b) Attribution information may only include a copyright notice, a brief phrase,
graphic image and a URL ("Attribution Information") and is subject to the
Attribution Limits as defined below. For these purposes, prominent shall mean
display for sufficient duration to give reasonable notice to the user of the
identity of the Original Developer and that if You include Attribution Information
or similar information for other parties, You must ensure that the Attribution
Information for the Original Developer shall be no less prominent than such
Attribution Information or similar information for the other party. For greater
certainty, the Original Developer may choose to specify in Exhibit B below
that the above attribution requirement only applies to an Executable and Source
Code resulting from the Original Code or any Modification, but not a Larger
Work. The intent is to provide for reasonably modest attribution, therefore
the Original Developer cannot require that You display, at any time, more
than the following information as Attribution Information: (a) a copyright
notice including the name of the Original Developer; (b) a word or one phrase
(not exceeding 10 words); (c) one graphic image provided by the Original Developer;
and (d) a URL (collectively, the "Attribution Limits").
(c) If Exhibit B does not include any Attribution Information, then there
are no requirements for You to display any Attribution Information of the
Original Developer.
(d) You acknowledge that all trademarks, service marks and/or trade names
contained within the Attribution Information distributed with the Covered
Code are the exclusive property of their owners and may only be used with
the permission of their owners, or under circumstances otherwise permitted
by law or as expressly set out in this License.
15. ADDITIONAL TERM: NETWORK USE.
The term "External Deployment" means the use, distribution, or communication
of the Original Code or Modifications in any way such that the Original Code
or Modifications may be used by anyone other than You, whether those works
are distributed or communicated to those persons or made available as an application
intended for use over a network. As an express condition for the grants of
license hereunder, You must treat any External Deployment by You of the Original
Code or Modifications as a distribution under section 3.1 and make Source
Code available under Section 3.2. EXHIBIT A. Common Public Attribution License
Version 1.0.
"The contents of this file are subject to the Common Public Attribution License
Version 1.0 (the "License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at _____________ .
The License is based on the Mozilla Public License Version 1.1 but Sections
14 and 15 have been added to cover use of software over a computer network
and provide for limited attribution for the Original Developer. In addition,
Exhibit A has been modified to be consistent with Exhibit B.
Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.
The Original Code is ______________________ .
The Original Developer is not the Initial Developer and is __________ . If
left blank, the Original Developer is the Initial Developer.
The Initial Developer of the Original Code is ____________ . All portions
of the code written by ___________ are Copyright (c) _____ . All Rights Reserved.
Contributor ______________________ .
Alternatively, the contents of this file may be used under the terms of the
_____ license (the [___] License), in which case the provisions of [______]
License are applicable instead of those above.
If you wish to allow use of your version of this file only under the terms
of the [____] License and not to allow others to use your version of this
file under the CPAL, indicate your decision by deleting the provisions above
and replace them with the notice and other provisions required by the [___]
License. If you do not delete the provisions above, a recipient may use your
version of this file under either the CPAL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of the
notices in the Source Code files of the Original Code. You should use the
text of this Exhibit A rather than the text found in the Original Code Source
Code for Your Modifications.]
EXHIBIT B. Attribution Information
Attribution Copyright Notice: _______________________
Attribution Phrase (not exceeding 10 words): _______________________
Attribution URL: _______________________
Graphic Image as provided in the Covered Code, if any.
Display of Attribution Information is [required/not required] in Larger Works
which are defined in the CPAL as a work which combines Covered Code or portions
thereof with code not governed by the terms of the CPAL.