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Diffstat (limited to 'options/license/CPAL-1.0')
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1 files changed, 93 insertions, 123 deletions
diff --git a/options/license/CPAL-1.0 b/options/license/CPAL-1.0 index 0205b7bb58..4360d88123 100644 --- a/options/license/CPAL-1.0 +++ b/options/license/CPAL-1.0 @@ -1,38 +1,38 @@ Common Public Attribution License Version 1.0 (CPAL) - 1. "Definitions" +1. “Definitions” -1.0.1 "Commercial Use" means distribution or otherwise making the Covered +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 +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 +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 +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 +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. +1.5 “Executable” means Covered Code in any form other than Source Code. -1.6 "Initial Developer" means the individual or entity identified as the Initial +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 +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 “License” means this document. -1.8.1 "Licensable" means having the right to grant, to the maximum extent +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 +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: @@ -41,37 +41,36 @@ 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 +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, +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 +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 +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 +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 +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 +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. +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: @@ -93,8 +92,7 @@ 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. - +2.2 Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license @@ -122,10 +120,9 @@ 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. +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 @@ -133,11 +130,10 @@ 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 +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. - +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 @@ -149,8 +145,7 @@ 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. - +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 @@ -159,12 +154,12 @@ 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 +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 +(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 +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 @@ -173,25 +168,24 @@ 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 +(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 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. - +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 +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 @@ -202,20 +196,19 @@ 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. - +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 +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 +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, @@ -224,15 +217,13 @@ 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. - +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. - +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 @@ -243,42 +234,37 @@ 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. - +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. Versions of the License. - 6.1 New Versions. - -Socialtext, Inc. ("Socialtext") may publish revised and/or new versions of +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. - +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. - +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 +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 +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 @@ -288,7 +274,7 @@ 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. 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 @@ -300,10 +286,10 @@ 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 +against whom You file such action is referred to as “Participant”) alleging that: -(a) such Participant's Contributor Version directly or indirectly infringes +(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 @@ -316,14 +302,14 @@ 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 +(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 +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 @@ -335,8 +321,7 @@ 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. - +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 @@ -346,22 +331,20 @@ 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 +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 +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. - +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 @@ -373,13 +356,12 @@ 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 +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. - +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 @@ -387,23 +369,22 @@ 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. - +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 +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 +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") +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) +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 @@ -411,12 +392,12 @@ 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 +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 +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 @@ -431,7 +412,7 @@ 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"). +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 @@ -443,50 +424,43 @@ 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 +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, +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 +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 ______________________ . - +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." +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 @@ -496,13 +470,9 @@ 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. |