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  1. SUGARCRM PUBLIC LICENSE Applies to Sugar Open Source Edition v1 through v4.
  2. Please note that these releases are no longer supported or distributed.
  3. Version 1.1.3
  4. The SugarCRM Public License Version ("SPL") consists of the Mozilla Public
  5. License Version 1.1, modified to be specific to SugarCRM, with the Additional
  6. Terms in Exhibit B. The original Mozilla Public License 1.1 can be found at:
  7. http://www.mozilla.org/MPL/MPL-1.1.html
  8. 1. Definitions.
  9. 1.1. "Contributor" means each entity that creates or contributes to the creation
  10. of Modifications.
  11. 1.2. "Contributor Version" means the combination of the Original Code, prior
  12. Modifications used by a Contributor, and the Modifications made by that particular
  13. Contributor.
  14. 1.3. "Covered Code" means the Original Code or Modifications or the combination
  15. of the Original Code and Modifications, in each case including portions thereof.
  16. 1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
  17. in the software development community for the electronic transfer of data.
  18. 1.5. "Executable" means Covered Code in any form other than Source Code.
  19. 1.6. "Initial Developer" means the individual or entity identified as the
  20. Initial Developer in the Source Code notice required by Exhibit A.
  21. 1.7. "Larger Work" means a work which combines Covered Code or portions thereof
  22. with code not governed by the terms of this License.
  23. 1.8. "License" means this document.
  24. 1.8.1. "Licensable" means having the right to grant, to the maximum extent
  25. possible, whether at the time of the initial grant or subsequently acquired,
  26. any and all of the rights conveyed herein.
  27. 1.9. "Modifications" means any addition to or deletion from the substance
  28. or structure of either the Original Code or any previous Modifications. When
  29. Covered Code is released as a series of files, a Modification is:
  30. B. Any new file that contains any part of the Original Code or previous Modifications.
  31. A. Any addition to or deletion from the contents of a file containing Original
  32. Code or previous Modifications.
  33. 1.10. "Original Code" means Source Code of computer software code which is
  34. described in the Source Code notice required by Exhibit A as Original Code,
  35. and which, at the time of its release under this License is not already Covered
  36. Code governed by this License.
  37. 1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
  38. acquired, including without limitation, method, process, and apparatus claims,
  39. in any patent Licensable by grantor.
  40. 1.11. "Source Code" means the preferred form of the Covered Code for making
  41. modifications to it, including all modules it contains, plus any associated
  42. interface definition files, scripts used to control compilation and installation
  43. of an Executable, or source code differential comparisons against either the
  44. Original Code or another well known, available Covered Code of the Contributor's
  45. choice. The Source Code can be in a compressed or archival form, provided
  46. the appropriate decompression or de-archiving software is widely available
  47. for no charge.
  48. 1.12. "You" (or "Your") means an individual or a legal entity exercising rights
  49. under, and complying with all of the terms of, this License or a future version
  50. of this License issued under Section 6.1. For legal entities, "You" includes
  51. any entity which controls, is controlled by, or is under common control with
  52. You. For purposes of this definition, "control" means (a) the power, direct
  53. or indirect, to cause the direction or management of such entity, whether
  54. by contract or otherwise, or (b) ownership of more than fifty percent (50%)
  55. of the outstanding shares or beneficial ownership of such entity.
  56. 2. Source Code License.
  57. 2.2. Contributor Grant.
  58. Subject to third party intellectual property claims, each Contributor hereby
  59. grants You a world-wide, royalty-free, non-exclusive license
  60. (b) under Patent Claims infringed by the making, using, or selling of Modifications
  61. made by that Contributor either alone and/or in combination with its Contributor
  62. Version (or portions of such combination), to make, use, sell, offer for sale,
  63. have made, and/or otherwise dispose of: 1) Modifications made by that Contributor
  64. (or portions thereof); and 2) the combination of Modifications made by that
  65. Contributor with its Contributor Version (or portions of such combination).
  66. (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
  67. date Contributor first makes Commercial Use of the Covered Code.
  68. (d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1)
  69. for any code that Contributor has deleted from the Contributor Version; 2)
  70. separate from the Contributor Version; 3) for infringements caused by: i)
  71. third party modifications of Contributor Version or ii) the combination of
  72. Modifications made by that Contributor with other software (except as part
  73. of the Contributor Version) or other devices; or 4) under Patent Claims infringed
  74. by Covered Code in the absence of Modifications made by that Contributor.
  75. (a) under intellectual property rights (other than patent or trademark) Licensable
  76. by Contributor, to use, reproduce, modify, display, perform, sublicense and
  77. distribute the Modifications created by such Contributor (or portions thereof)
  78. either on an unmodified basis, with other Modifications, as Covered Code and/or
  79. as part of a Larger Work; and
  80. 3. Distribution Obligations.
  81. 3.2. Availability of Source Code. Any Modification which You create or to
  82. which You contribute must be made available in Source Code form under the
  83. terms of this License either on the same media as an Executable version or
  84. via an accepted Electronic Distribution Mechanism to anyone to whom you made
  85. an Executable version available; and if made available via Electronic Distribution
  86. Mechanism, must remain available for at least twelve (12) months after the
  87. date it initially became available, or at least six (6) months after a subsequent
  88. version of that particular Modification has been made available to such recipients.
  89. You are responsible for ensuring that the Source Code version remains available
  90. even if the Electronic Distribution Mechanism is maintained by a third party.
  91. 3.3. Description of Modifications. You must cause all Covered Code to which
  92. You contribute to contain a file documenting the changes You made to create
  93. that Covered Code and the date of any change. You must include a prominent
  94. statement that the Modification is derived, directly or indirectly, from Original
  95. Code provided by the Initial Developer and including the name of the Initial
  96. Developer in (a) the Source Code, and (b) in any notice in an Executable version
  97. or related documentation in which You describe the origin or ownership of
  98. the Covered Code.
  99. 3.4. Intellectual Property Matters
  100. (b) Contributor APIs. If Contributor's Modifications include an application
  101. programming interface and Contributor has knowledge of patent licenses which
  102. are reasonably necessary to implement that API, Contributor must also include
  103. this information in the LEGAL file.
  104. (a) Third Party Claims. If Contributor has knowledge that a license under
  105. a third party's intellectual property rights is required to exercise the rights
  106. granted by such Contributor under Sections 2.1 or 2.2, Contributor must include
  107. a text file with the Source Code distribution titled "LEGAL" which describes
  108. the claim and the party making the claim in sufficient detail that a recipient
  109. will know whom to contact. If Contributor obtains such knowledge after the
  110. Modification is made available as described in Section 3.2, Contributor shall
  111. promptly modify the LEGAL file in all copies Contributor makes available thereafter
  112. and shall take other steps (such as notifying appropriate mailing lists or
  113. newsgroups) reasonably calculated to inform those who received the Covered
  114. Code that new knowledge has been obtained.
  115. (c) Representations. Contributor represents that, except as disclosed pursuant
  116. to Section 3.4(a) above, Contributor believes that Contributor's Modifications
  117. are Contributor's original creation(s) and/or Contributor has sufficient rights
  118. to grant the rights conveyed by this License.
  119. 3.5. Required Notices. You must duplicate the notice in Exhibit A in each
  120. file of the Source Code. If it is not possible to put such notice in a particular
  121. Source Code file due to its structure, then You must include such notice in
  122. a location (such as a relevant directory) where a user would be likely to
  123. look for such a notice. If You created one or more Modification(s) You may
  124. add your name as a Contributor to the notice described in Exhibit A. You must
  125. also duplicate this License in any documentation for the Source Code where
  126. You describe recipients' rights or ownership rights relating to Covered Code.
  127. You may choose to offer, and to charge a fee for, warranty, support, indemnity
  128. or liability obligations to one or more recipients of Covered Code. However,
  129. You may do so only on Your own behalf, and not on behalf of the Initial Developer
  130. or any Contributor. You must make it absolutely clear than any such warranty,
  131. support, indemnity or liability obligation is offered by You alone, and You
  132. hereby agree to indemnify the Initial Developer and every Contributor for
  133. any liability incurred by the Initial Developer or such Contributor as a result
  134. of warranty, support, indemnity or liability terms You offer.
  135. 3.6. Distribution of Executable Versions. You may distribute Covered Code
  136. in Executable form only if the requirements of Section 3.1-3.5 have been met
  137. for that Covered Code, and if You include a notice stating that the Source
  138. Code version of the Covered Code is available under the terms of this License,
  139. including a description of how and where You have fulfilled the obligations
  140. of Section 3.2. The notice must be conspicuously included in any notice in
  141. an Executable version, related documentation or collateral in which You describe
  142. recipients' rights relating to the Covered Code. You may distribute the Executable
  143. version of Covered Code or ownership rights under a license of Your choice,
  144. which may contain terms different from this License, provided that You are
  145. in compliance with the terms of this License and that the license for the
  146. Executable version does not attempt to limit or alter the recipient's rights
  147. in the Source Code version from the rights set forth in this License. If You
  148. distribute the Executable version under a different license You must make
  149. it absolutely clear that any terms which differ from this License are offered
  150. by You alone, not by the Initial Developer or any Contributor. You hereby
  151. agree to indemnify the Initial Developer and every Contributor for any liability
  152. incurred by the Initial Developer or such Contributor as a result of any such
  153. terms You offer.
  154. 3.7. Larger Works. You may create a Larger Work by combining Covered Code
  155. with other code not governed by the terms of this License and distribute the
  156. Larger Work as a single product. In such a case, You must make sure the requirements
  157. of this License are fulfilled for the Covered Code.
  158. 4. Inability to Comply Due to Statute or Regulation.
  159. If it is impossible for You to comply with any of the terms of this License
  160. with respect to some or all of the Covered Code due to statute, judicial order,
  161. or regulation then You must: (a) comply with the terms of this License to
  162. the maximum extent possible; and (b) describe the limitations and the code
  163. they affect. Such description must be included in the LEGAL file described
  164. in Section 3.4 and must be included with all distributions of the Source Code.
  165. Except to the extent prohibited by statute or regulation, such description
  166. must be sufficiently detailed for a recipient of ordinary skill to be able
  167. to understand it.
  168. 5. Application of this License.
  169. This License applies to code to which the Initial Developer has attached the
  170. notice in Exhibit A and to related Covered Code.
  171. 6. Versions of the License.
  172. 6.2. Effect of New Versions. Once Covered Code has been published under a
  173. particular version of the License, You may always continue to use it under
  174. the terms of that version. You may also choose to use such Covered Code under
  175. the terms of any subsequent version of the License published by SugarCRM.
  176. No one other than SugarCRM has the right to modify the terms applicable to
  177. Covered Code created under this License.
  178. 6.3. Derivative Works. If You create or use a modified version of this License
  179. (which you may only do in order to apply it to code which is not already Covered
  180. Code governed by this License), You must (a) rename Your license so that the
  181. phrases "SugarCRM", "SPL" or any confusingly similar phrase do not appear
  182. in your license (except to note that your license differs from this License)
  183. and (b) otherwise make it clear that Your version of the license contains
  184. terms which differ from the SugarCRM Public License. (Filling in the name
  185. of the Initial Developer, Original Code or Contributor in the notice described
  186. in Exhibit A shall not of themselves be deemed to be modifications of this
  187. License.)
  188. 7. DISCLAIMER OF WARRANTY.
  189. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY
  190. OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
  191. THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
  192. PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
  193. OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
  194. ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
  195. THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
  196. OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
  197. CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  198. 8. TERMINATION.
  199. 8.2. If You initiate litigation by asserting a patent infringement claim (excluding
  200. declatory judgment actions) against Initial Developer or a Contributor (the
  201. Initial Developer or Contributor against whom You file such action is referred
  202. to as "Participant") alleging that:
  203. (a) such Participant's Contributor Version directly or indirectly infringes
  204. any patent, then any and all rights granted by such Participant to You under
  205. Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
  206. terminate prospectively, unless if within 60 days after receipt of notice
  207. You either: (i) agree in writing to pay Participant a mutually agreeable reasonable
  208. royalty for Your past and future use of Modifications made by such Participant,
  209. or (ii) withdraw Your litigation claim with respect to the Contributor Version
  210. against such Participant. If within 60 days of notice, a reasonable royalty
  211. and payment arrangement are not mutually agreed upon in writing by the parties
  212. or the litigation claim is not withdrawn, the rights granted by Participant
  213. to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
  214. of the 60 day notice period specified above.
  215. (b) any software, hardware, or device, other than such Participant's Contributor
  216. Version, directly or indirectly infringes any patent, then any rights granted
  217. to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
  218. as of the date You first made, used, sold, distributed, or had made, Modifications
  219. made by that Participant.
  220. 8.3. If You assert a patent infringement claim against Participant alleging
  221. that such Participant's Contributor Version directly or indirectly infringes
  222. any patent where such claim is resolved (such as by license or settlement)
  223. prior to the initiation of patent infringement litigation, then the reasonable
  224. value of the licenses granted by such Participant under Sections 2.1 or 2.2
  225. shall be taken into account in determining the amount or value of any payment
  226. or license.
  227. 8.4. In the event of termination under Sections 8.1 or 8.2 above, all end
  228. user license agreements (excluding distributors and resellers) which have
  229. been validly granted by You or any distributor hereunder prior to termination
  230. shall survive termination.
  231. 9. LIMITATION OF LIABILITY.
  232. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
  233. NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
  234. OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF
  235. ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
  236. OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
  237. FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
  238. AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
  239. BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
  240. SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
  241. PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
  242. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
  243. OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
  244. YOU.
  245. 10. U.S. GOVERNMENT END USERS.
  246. The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
  247. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
  248. computer software documentation," as such terms are used in 48 C.F.R. 12.212
  249. (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
  250. 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
  251. with only those rights set forth herein.
  252. 11. MISCELLANEOUS.
  253. This License represents the complete agreement concerning subject matter hereof.
  254. If any provision of this License is held to be unenforceable, such provision
  255. shall be reformed only to the extent necessary to make it enforceable. This
  256. License shall be governed by California law provisions (except to the extent
  257. applicable law, if any, provides otherwise), excluding its conflict-of-law
  258. provisions. With respect to disputes in which at least one party is a citizen
  259. of, or an entity chartered or registered to do business in the United States
  260. of America, any litigation relating to this License shall be subject to the
  261. jurisdiction of the Federal Courts of the Northern District of California,
  262. with venue lying in Santa Clara County, California, with the losing party
  263. responsible for costs, including without limitation, court costs and reasonable
  264. attorneys' fees and expenses. The application of the United Nations Convention
  265. on Contracts for the International Sale of Goods is expressly excluded. Any
  266. law or regulation which provides that the language of a contract shall be
  267. construed against the drafter shall not apply to this License.
  268. 12. RESPONSIBILITY FOR CLAIMS.
  269. As between Initial Developer and the Contributors, each party is responsible
  270. for claims and damages arising, directly or indirectly, out of its utilization
  271. of rights under this License and You agree to work with Initial Developer
  272. and Contributors to distribute such responsibility on an equitable basis.
  273. Nothing herein is intended or shall be deemed to constitute any admission
  274. of liability.
  275. 13. MULTIPLE-LICENSED CODE.
  276. Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".
  277. "Multiple-Licensed" means that the Initial Developer permits you to utilize
  278. portions of the Covered Code under Your choice of the SPL or the alternative
  279. licenses, if any, specified by the Initial Developer in the file described
  280. in Exhibit A. SugarCRM Public License 1.1.3 - Exhibit A
  281. The contents of this file are subject to the SugarCRM Public License Version
  282. 1.1.3 ("License"); You may not use this file except in compliance with the
  283. License. You may obtain a copy of the License at http://www.sugarcrm.com/SPL
  284. Software distributed under the License is distributed on an "AS IS" basis,
  285. WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
  286. the specific language governing rights and limitations under the License.
  287. The Original Code is: SugarCRM Open Source
  288. The Initial Developer of the Original Code is SugarCRM, Inc.
  289. Portions created by SugarCRM are Copyright (C) 2004 SugarCRM, Inc.;
  290. All Rights Reserved.
  291. Contributor(s): ______________________________________.
  292. [NOTE: The text of this Exhibit A may differ slightly from the text of the
  293. notices in the Source Code files of the Original Code. You should use the
  294. text of this Exhibit A rather than the text found in the Original Code Source
  295. Code for Your Modifications.]
  296. SugarCRM Public License 1.1.3 - Exhibit B
  297. Additional Terms applicable to the SugarCRM Public License.
  298. I. Effect.,
  299. These additional terms described in this SugarCRM Public License - Additional
  300. Terms shall apply to the Covered Code under this License.
  301. II. SugarCRM and logo.
  302. This License does not grant any rights to use the trademarks "SugarCRM" and
  303. the "SugarCRM" logos even if such marks are included in the Original Code
  304. or Modifications.
  305. However, in addition to the other notice obligations, all copies of the Covered
  306. Code in Executable and Source Code form distributed must, as a form of attribution
  307. of the original author, include on each user interface screen (i) the "Powered
  308. by SugarCRM" logo and (ii) the copyright notice in the same form as the latest
  309. version of the Covered Code distributed by SugarCRM, Inc. at the time of distribution
  310. of such copy. In addition, the "Powered by SugarCRM" logo must be visible
  311. to all users and be located at the very bottom center of each user interface
  312. screen. Notwithstanding the above, the dimensions of the "Powered By SugarCRM"
  313. logo must be at least 106 x 23 pixels. When users click on the "Powered by
  314. SugarCRM" logo it must direct them back to http://www.sugarforge.org. In addition,
  315. the copyright notice must remain visible to all users at all times at the
  316. bottom of the user interface screen. When users click on the copyright notice,
  317. it must direct them back to http://www.sugarcrm.com
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