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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.
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