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  1. Zimbra Public License, Version 1.3 (ZPL)
  2. This Zimbra Public License (this "Agreement") is a legal agreement that describes
  3. the terms under which VMware, Inc., a Delaware corporation having its principal
  4. place of business at 3401 Hillview Avenue, Palo Alto, California 94304 ("VMware")
  5. will provide software to you via download or otherwise ("Software"). By using
  6. the Software, you, an individual or an entity ("You") agree to the terms of
  7. this Agreement.
  8. In consideration of the mutual promises and upon the terms and conditions
  9. set forth below, the parties agree as follows:
  10. 1. Grant of Copyright License
  11. 1.1 - Subject to the terms and conditions of this Agreement, VMware hereby
  12. grants to You, under any and all of its copyright interest in and to the Software,
  13. a royalty-free, non-exclusive, non-transferable license to copy, modify, compile,
  14. execute, and distribute the Software and Modifications. For the purposes of
  15. this Agreement, any change to, addition to, or abridgement of the Software
  16. made by You is a "Modification;" however, any file You add to the Software
  17. that does not contain any part of the Software is not a "Modification."
  18. 1.2 - If You are an individual acting on behalf of a corporation or other
  19. entity, Your use of the Software or any Modification is subject to Your having
  20. the authority to bind such corporation or entity to this Agreement. Providing
  21. copies to persons within such corporation or entity is not considered distribution
  22. for purposes of this Agreement.
  23. 1.3 - For the Software or any Modification You distribute in source code format,
  24. You must do so only under the terms of this Agreement, and You must include
  25. a complete copy of this Agreement with Your distribution. With respect to
  26. any Modification You distribute in source code format, the terms of this Agreement
  27. will apply to You in the same way those terms apply to VMware with respect
  28. to the Software. In other words, when You are distributing Modifications under
  29. this Agreement, You "stand in the shoes" of VMware in terms of the rights
  30. You grant and how the terms and conditions apply to You and the licensees
  31. of Your Modifications. Notwithstanding the foregoing, when You "stand in the
  32. shoes" of VMware, You are not subject to the jurisdiction provision under
  33. Section 7, which requires all disputes under this Agreement to be subject
  34. to the jurisdiction of federal or state courts of northern California.
  35. 1.4 - For the Software or any Modification You distribute in compiled or object
  36. code format, You must also provide recipients with access to the Software
  37. or Modification in source code format along with a complete copy of this Agreement.
  38. The distribution of the Software or Modifications in compiled or object code
  39. format may be under a license of Your choice, provided that You are in compliance
  40. with the terms of this Agreement. In addition, You must make absolutely clear
  41. that any license terms applying to such Software or Modification that differ
  42. from this Agreement are offered by You alone and not by VMware, and that such
  43. license does not restrict recipients from exercising rights in the source
  44. code to the Software granted by VMware under this Agreement or rights in the
  45. source code to any Modification granted by You as described in Section 1.3.
  46. 1.5 - This Agreement does not limit Your right to distribute files that are
  47. entirely Your own work (i.e., which do not incorporate any portion of the
  48. Software and are not Modifications) under any terms You choose.
  49. 2. Support
  50. VMware has no obligation to provide technical support or updates to You. Nothing
  51. in this Agreement requires VMware to enter into any license with You for any
  52. other edition of the Software.
  53. 3. Intellectual Property Rights
  54. 3.1 - Except for the license expressly granted under copyright in Section
  55. 1.1, no rights, licenses or forbearances are granted or may arise in relation
  56. to this Agreement whether expressly, by implication, exhaustion, estoppel
  57. or otherwise. All rights, including all intellectual property rights, that
  58. are not expressly granted under this Agreement are hereby reserved.
  59. 3.2 - In any copy of the Software or in any Modification you create, You must
  60. retain and reproduce, any and all copyright, patent, trademark, and attribution
  61. notices that are included in the Software in the same form as they appear
  62. in the Software. This includes the preservation of attribution notices in
  63. the form of trademarks or logos that exist within a user interface of the
  64. Software.
  65. 3.3 - This license does not grant You rights to use any party's name, logo,
  66. or trademarks, except solely as necessary to comply with Section 3.2.
  67. 4. Disclaimer of Warranties
  68. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. VMWARE
  69. MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING
  70. TO THE SOFTWARE. SPECIFICALLY, VMWARE DOES NOT WARRANT THAT THE SOFTWARE WILL
  71. BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST
  72. EXTENT ALLOWED BY LAW, VMWARE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES
  73. OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF VMWARE HAD BEEN
  74. INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE,
  75. ANY MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE FOREGOING.
  76. 5. Limitation of Liability
  77. IN NO EVENT WILL VMWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
  78. EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION
  79. LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF
  80. COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE FURNISHING,
  81. PERFORMANCE OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED HEREUNDER,
  82. WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE,
  83. AND EVEN IF VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  84. 6. Term and Termination
  85. 6.1 - This Agreement will continue in effect unless and until terminated earlier
  86. pursuant to this Section 6.
  87. 6.2 - In the event You violate the terms of this Agreement, VMware may terminate
  88. this Agreement.
  89. 6.3 - All licenses granted hereunder shall terminate upon the termination
  90. of this Agreement. Termination will be in addition to any rights and remedies
  91. available to VMware at law or equity or under this Agreement.
  92. 6.4 - Termination of this Agreement will not affect the provisions regarding
  93. reservation of rights (Section 3.1), provisions disclaiming or limiting VMware's
  94. liability (Sections 4 and 5), Termination (Section 6) or Miscellaneous (Section
  95. 7), which provisions will survive termination of this Agreement.
  96. 7. Miscellaneous
  97. This Agreement contains the entire agreement of the parties with respect to
  98. the subject matter of this Agreement and supersedes all previous communications,
  99. representations, understandings and agreements, either oral or written, between
  100. the parties with respect to said subject matter. The relationship of the parties
  101. hereunder is that of independent contractors, and this Agreement will not
  102. be construed as creating an agency, partnership, joint venture or any other
  103. form of legal association between the parties. If any term, condition, or
  104. provision in this Agreement is found to be invalid, unlawful or unenforceable
  105. to any extent, this Agreement will be construed in a manner that most closely
  106. effectuates the intent of this Agreement. Such invalid term, condition or
  107. provision will be severed from the remaining terms, conditions and provisions,
  108. which will continue to be valid and enforceable to the fullest extent permitted
  109. by law. This Agreement will be interpreted and construed in accordance with
  110. the laws of the State of California and the United States of America, without
  111. regard to conflict of law principles. The U.N. Convention on Contracts for
  112. the International Sale of Goods shall not apply to this Agreement. All disputes
  113. arising out of this Agreement involving VMware or any of its subsidiaries
  114. shall be subject to the jurisdiction of the federal or state courts of northern
  115. California, with venue lying in Santa Clara County, California. No rights
  116. may be assigned, no obligations may be delegated, and this Agreement may not
  117. be transferred by You, in whole or in part, whether voluntary or by operation
  118. of law, including by way of sale of assets, merger or consolidation, without
  119. the prior written consent of VMware, and any purported assignment, delegation
  120. or transfer without such consent shall be void ab initio. Any waiver of the
  121. provisions of this Agreement or of a party's rights or remedies under this
  122. Agreement must be in writing to be effective. Failure, neglect or delay by
  123. a party to enforce the provisions of this Agreement or its rights or remedies
  124. at any time, will not be construed or be deemed to be a waiver of such party's
  125. rights under this Agreement and will not in any way affect the validity of
  126. the whole or any part of this Agreement or prejudice such party's right to
  127. take subsequent action.
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