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479 lines
28 KiB
Plaintext
479 lines
28 KiB
Plaintext
Common Public Attribution License Version 1.0 (CPAL)
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1. “Definitions”
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1.0.1 “Commercial Use” means distribution or otherwise making the Covered
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Code available to a third party.
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1.1 “Contributor” means each entity that creates or contributes to the creation
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of Modifications.
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1.2 “Contributor Version” means the combination of the Original Code, prior
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Modifications used by a Contributor, and the Modifications made by that particular
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Contributor.
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1.3 “Covered Code” means the Original Code or Modifications or the combination
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of the Original Code and Modifications, in each case including portions thereof.
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1.4 “Electronic Distribution Mechanism” means a mechanism generally accepted
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in the software development community for the electronic transfer of data.
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1.5 “Executable” means Covered Code in any form other than Source Code.
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1.6 “Initial Developer” means the individual or entity identified as the Initial
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Developer in the Source Code notice required by Exhibit A.
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1.7 “Larger Work” means a work which combines Covered Code or portions thereof
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with code not governed by the terms of this License.
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1.8 “License” means this document.
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1.8.1 “Licensable” means having the right to grant, to the maximum extent
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possible, whether at the time of the initial grant or subsequently acquired,
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any and all of the rights conveyed herein.
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1.9 “Modifications” means any addition to or deletion from the substance or
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structure of either the Original Code or any previous Modifications. When
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Covered Code is released as a series of files, a Modification is:
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A. Any addition to or deletion from the contents of a file containing Original
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Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or previous Modifications.
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1.10 “Original Code” means Source Code of computer software code which is
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described in the Source Code notice required by Exhibit A as Original Code,
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and which, at the time of its release under this License is not already Covered
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Code governed by this License.
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1.10.1 “Patent Claims” means any patent claim(s), now owned or hereafter acquired,
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including without limitation, method, process, and apparatus claims, in any
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patent Licensable by grantor.
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1.11 “Source Code” means the preferred form of the Covered Code for making
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modifications to it, including all modules it contains, plus any associated
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interface definition files, scripts used to control compilation and installation
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of an Executable, or source code differential comparisons against either the
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Original Code or another well known, available Covered Code of the Contributor’s
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choice. The Source Code can be in a compressed or archival form, provided
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the appropriate decompression or de-archiving software is widely available
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for no charge.
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1.12 “You” (or “Your”) means an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License or a future version
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of this License issued under Section 6.1. For legal entities, “You” includes
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any entity which controls, is controlled by, or is under common control with
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You. For purposes of this definition, “control” means (a) the power, direct
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or indirect, to cause the direction or management of such entity, whether
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by contract or otherwise, or (b) ownership of more than fifty percent (50%)
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of the outstanding shares or beneficial ownership of such entity.
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2. Source Code License.
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2.1 The Initial Developer Grant.
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The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive
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license, subject to third party intellectual property claims:
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(a) under intellectual property rights (other than patent or trademark) Licensable
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by Initial Developer to use, reproduce, modify, display, perform, sublicense
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and distribute the Original Code (or portions thereof) with or without Modifications,
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and/or as part of a Larger Work; and
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(b) under Patents Claims infringed by the making, using or selling of Original
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Code, to make, have made, use, practice, sell, and offer for sale, and/or
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otherwise dispose of the Original Code (or portions thereof).
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(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
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date Initial Developer first distributes Original Code under the terms of
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this License.
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(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1)
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for code that You delete from the Original Code; 2) separate from the Original
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Code; or 3) for infringements caused by: i) the modification of the Original
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Code or ii) the combination of the Original Code with other software or devices.
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2.2 Contributor Grant.
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Subject to third party intellectual property claims, each Contributor hereby
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grants You a world-wide, royalty-free, non-exclusive license
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(a) under intellectual property rights (other than patent or trademark) Licensable
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by Contributor, to use, reproduce, modify, display, perform, sublicense and
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distribute the Modifications created by such Contributor (or portions thereof)
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either on an unmodified basis, with other Modifications, as Covered Code and/or
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as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using, or selling of Modifications
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made by that Contributor either alone and/or in combination with its Contributor
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Version (or portions of such combination), to make, use, sell, offer for sale,
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have made, and/or otherwise dispose of: 1) Modifications made by that Contributor
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(or portions thereof); and 2) the combination of Modifications made by that
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Contributor with its Contributor Version (or portions of such combination).
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
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date Contributor first makes Commercial Use of the Covered Code.
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(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1)
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for any code that Contributor has deleted from the Contributor Version; 2)
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separate from the Contributor Version; 3) for infringements caused by: i)
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third party modifications of Contributor Version or ii) the combination of
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Modifications made by that Contributor with other software (except as part
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of the Contributor Version) or other devices; or 4) under Patent Claims infringed
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by Covered Code in the absence of Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1 Application of License.
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The Modifications which You create or to which You contribute are governed
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by the terms of this License, including without limitation Section 2.2. The
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Source Code version of Covered Code may be distributed only under the terms
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of this License or a future version of this License released under Section
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6.1, and You must include a copy of this License with every copy of the Source
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Code You distribute. You may not offer or impose any terms on any Source Code
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version that alters or restricts the applicable version of this License or
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the recipients’ rights hereunder. However, You may include an additional document
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offering the additional rights described in Section 3.5.
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3.2 Availability of Source Code.
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Any Modification which You create or to which You contribute must be made
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available in Source Code form under the terms of this License either on the
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same media as an Executable version or via an accepted Electronic Distribution
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Mechanism to anyone to whom you made an Executable version available; and
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if made available via Electronic Distribution Mechanism, must remain available
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for at least twelve (12) months after the date it initially became available,
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or at least six (6) months after a subsequent version of that particular Modification
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has been made available to such recipients. You are responsible for ensuring
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that the Source Code version remains available even if the Electronic Distribution
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Mechanism is maintained by a third party.
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3.3 Description of Modifications.
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You must cause all Covered Code to which You contribute to contain a file
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documenting the changes You made to create that Covered Code and the date
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of any change. You must include a prominent statement that the Modification
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is derived, directly or indirectly, from Original Code provided by the Initial
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Developer and including the name of the Initial Developer in (a) the Source
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Code, and (b) in any notice in an Executable version or related documentation
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in which You describe the origin or ownership of the Covered Code.
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3.4 Intellectual Property Matters
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(a) Third Party Claims. If Contributor has knowledge that a license under
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a third party’s intellectual property rights is required to exercise the rights
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granted by such Contributor under Sections 2.1 or 2.2, Contributor must include
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a text file with the Source Code distribution titled “LEGAL” which describes
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the claim and the party making the claim in sufficient detail that a recipient
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will know whom to contact. If Contributor obtains such knowledge after the
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Modification is made available as described in Section 3.2, Contributor shall
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promptly modify the LEGAL file in all copies Contributor makes available thereafter
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and shall take other steps (such as notifying appropriate mailing lists or
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newsgroups) reasonably calculated to inform those who received the Covered
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Code that new knowledge has been obtained.
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(b) Contributor APIs. If Contributor’s Modifications include an application
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programming interface and Contributor has knowledge of patent licenses which
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are reasonably necessary to implement that API, Contributor must also include
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this information in the LEGAL file.
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(c) Representations. Contributor represents that, except as disclosed pursuant
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to Section 3.4(a) above, Contributor believes that Contributor’s Modifications
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are Contributor’s original creation(s) and/or Contributor has sufficient rights
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to grant the rights conveyed by this License.
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3.5 Required Notices.
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You must duplicate the notice in Exhibit A in each file of the Source Code.
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If it is not possible to put such notice in a particular Source Code file
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due to its structure, then You must include such notice in a location (such
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as a relevant directory) where a user would be likely to look for such a notice.
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If You created one or more Modification(s) You may add your name as a Contributor
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to the notice described in Exhibit A. You must also duplicate this License
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in any documentation for the Source Code where You describe recipients’ rights
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or ownership rights relating to Covered Code. You may choose to offer, and
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to charge a fee for, warranty, support, indemnity or liability obligations
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to one or more recipients of Covered Code. However, You may do so only on
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Your own behalf, and not on behalf of the Initial Developer or any Contributor.
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You must make it absolutely clear than any such warranty, support, indemnity
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or liability obligation is offered by You alone, and You hereby agree to indemnify
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the Initial Developer and every Contributor for any liability incurred by
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the Initial Developer or such Contributor as a result of warranty, support,
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indemnity or liability terms You offer.
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3.6 Distribution of Executable Versions.
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You may distribute Covered Code in Executable form only if the requirements
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of Section 3.1-3.5 have been met for that Covered Code, and if You include
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a notice stating that the Source Code version of the Covered Code is available
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under the terms of this License, including a description of how and where
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You have fulfilled the obligations of Section 3.2. The notice must be conspicuously
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included in any notice in an Executable version, related documentation or
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collateral in which You describe recipients’ rights relating to the Covered
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Code. You may distribute the Executable version of Covered Code or ownership
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rights under a license of Your choice, which may contain terms different from
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this License, provided that You are in compliance with the terms of this License
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and that the license for the Executable version does not attempt to limit
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or alter the recipient’s rights in the Source Code version from the rights
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set forth in this License. If You distribute the Executable version under
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a different license You must make it absolutely clear that any terms which
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differ from this License are offered by You alone, not by the Initial Developer,
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Original Developer or any Contributor. You hereby agree to indemnify the Initial
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Developer, Original Developer and every Contributor for any liability incurred
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by the Initial Developer, Original Developer or such Contributor as a result
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of any such terms You offer.
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3.7 Larger Works.
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You may create a Larger Work by combining Covered Code with other code not
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governed by the terms of this License and distribute the Larger Work as a
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single product. In such a case, You must make sure the requirements of this
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License are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of this License
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with respect to some or all of the Covered Code due to statute, judicial order,
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or regulation then You must: (a) comply with the terms of this License to
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the maximum extent possible; and (b) describe the limitations and the code
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they affect. Such description must be included in the LEGAL file described
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in Section 3.4 and must be included with all distributions of the Source Code.
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Except to the extent prohibited by statute or regulation, such description
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must be sufficiently detailed for a recipient of ordinary skill to be able
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to understand it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has attached the
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notice in Exhibit A and to related Covered Code.
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6. Versions of the License.
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6.1 New Versions.
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Socialtext, Inc. (“Socialtext”) may publish revised and/or new versions of
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the License from time to time. Each version will be given a distinguishing
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version number.
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6.2 Effect of New Versions.
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Once Covered Code has been published under a particular version of the License,
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You may always continue to use it under the terms of that version. You may
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also choose to use such Covered Code under the terms of any subsequent version
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of the License published by Socialtext. No one other than Socialtext has the
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right to modify the terms applicable to Covered Code created under this License.
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6.3 Derivative Works.
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If You create or use a modified version of this License (which you may only
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do in order to apply it to code which is not already Covered Code governed
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by this License), You must (a) rename Your license so that the phrases “Socialtext”,
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“CPAL” or any confusingly similar phrase do not appear in your license (except
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to note that your license differs from this License) and (b) otherwise make
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it clear that Your version of the license contains terms which differ from
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the CPAL. (Filling in the name of the Initial Developer, Original Developer,
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Original Code or Contributor in the notice described in Exhibit A shall not
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of themselves be deemed to be modifications of this License.)
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY
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OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
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THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
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PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
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OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
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ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL DEVELOPER OR ANY OTHER
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CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.
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THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
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NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION.
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8.1 This License and the rights granted hereunder will terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within
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30 days of becoming aware of the breach. All sublicenses to the Covered Code
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which are properly granted shall survive any termination of this License.
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Provisions which, by their nature, must remain in effect beyond the termination
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of this License shall survive.
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8.2 If You initiate litigation by asserting a patent infringement claim (excluding
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declatory judgment actions) against Initial Developer, Original Developer
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or a Contributor (the Initial Developer, Original Developer or Contributor
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against whom You file such action is referred to as “Participant”) alleging
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that:
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(a) such Participant’s Contributor Version directly or indirectly infringes
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any patent, then any and all rights granted by such Participant to You under
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Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
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terminate prospectively, unless if within 60 days after receipt of notice
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You either: (i) agree in writing to pay Participant a mutually agreeable reasonable
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royalty for Your past and future use of Modifications made by such Participant,
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or (ii) withdraw Your litigation claim with respect to the Contributor Version
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against such Participant. If within 60 days of notice, a reasonable royalty
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and payment arrangement are not mutually agreed upon in writing by the parties
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or the litigation claim is not withdrawn, the rights granted by Participant
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to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
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of the 60 day notice period specified above.
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(b) any software, hardware, or device, other than such Participant’s Contributor
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Version, directly or indirectly infringes any patent, then any rights granted
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to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
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as of the date You first made, used, sold, distributed, or had made, Modifications
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made by that Participant.
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8.3 If You assert a patent infringement claim against Participant alleging
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that such Participant’s Contributor Version directly or indirectly infringes
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any patent where such claim is resolved (such as by license or settlement)
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prior to the initiation of patent infringement litigation, then the reasonable
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value of the licenses granted by such Participant under Sections 2.1 or 2.2
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shall be taken into account in determining the amount or value of any payment
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or license.
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8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user
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license agreements (excluding distributors and resellers) which have been
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validly granted by You or any distributor hereunder prior to termination shall
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survive termination.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ORIGINAL
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DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY
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SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
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SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
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WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
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FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
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EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
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THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
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INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
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MAY NOT APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a “commercial item,” as that term is defined in 48 C.F.R.
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2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial
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computer software documentation,” as such terms are used in 48 C.F.R. 12.212
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(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
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227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
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with only those rights set forth herein.
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11. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter hereof.
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If any provision of this License is held to be unenforceable, such provision
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shall be reformed only to the extent necessary to make it enforceable. This
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License shall be governed by California law provisions (except to the extent
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applicable law, if any, provides otherwise), excluding its conflict-of-law
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provisions. With respect to disputes in which at least one party is a citizen
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of, or an entity chartered or registered to do business in the United States
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of America, any litigation relating to this License shall be subject to the
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jurisdiction of the Federal Courts of the Northern District of California,
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with venue lying in Santa Clara County, California, with the losing party
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responsible for costs, including without limitation, court costs and reasonable
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attorneys’ fees and expenses. The application of the United Nations Convention
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on Contracts for the International Sale of Goods is expressly excluded. Any
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law or regulation which provides that the language of a contract shall be
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construed against the drafter shall not apply to this License.
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12. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer, Original Developer and the Contributors, each
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party is responsible for claims and damages arising, directly or indirectly,
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out of its utilization of rights under this License and You agree to work
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with Initial Developer, Original Developer and Contributors to distribute
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such responsibility on an equitable basis. Nothing herein is intended or shall
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be deemed to constitute any admission of liability.
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13. MULTIPLE-LICENSED CODE.
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Initial Developer may designate portions of the Covered Code as Multiple-Licensed.
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Multiple-Licensed means that the Initial Developer permits you to utilize
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portions of the Covered Code under Your choice of the CPAL or the alternative
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licenses, if any, specified by the Initial Developer in the file described
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in Exhibit A.
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14. ADDITIONAL TERM: ATTRIBUTION
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(a) As a modest attribution to the organizer of the development of the Original
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Code (“Original Developer”), in the hope that its promotional value may help
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justify the time, money and effort invested in writing the Original Code,
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the Original Developer may include in Exhibit B (“Attribution Information”)
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a requirement that each time an Executable and Source Code or a Larger Work
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is launched or initially run (which includes initiating a session), a prominent
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display of the Original Developer’s Attribution Information (as defined below)
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must occur on the graphic user interface employed by the end user to access
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such Covered Code (which may include display on a splash screen), if any.
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The size of the graphic image should be consistent with the size of the other
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elements of the Attribution Information. If the access by the end user to
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the Executable and Source Code does not create a graphic user interface for
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access to the Covered Code, this obligation shall not apply. If the Original
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Code displays such Attribution Information in a particular form (such as in
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the form of a splash screen, notice at login, an “about” display, or dedicated
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attribution area on user interface screens), continued use of such form for
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that Attribution Information is one way of meeting this requirement for notice.
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(b) Attribution information may only include a copyright notice, a brief phrase,
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graphic image and a URL (“Attribution Information”) and is subject to the
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Attribution Limits as defined below. For these purposes, prominent shall mean
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display for sufficient duration to give reasonable notice to the user of the
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identity of the Original Developer and that if You include Attribution Information
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or similar information for other parties, You must ensure that the Attribution
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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.
|