diff options
Diffstat (limited to 'licenses/CPAL-1.0')
| -rw-r--r-- | licenses/CPAL-1.0 | 415 |
1 files changed, 0 insertions, 415 deletions
diff --git a/licenses/CPAL-1.0 b/licenses/CPAL-1.0 deleted file mode 100644 index 0d6747f47..000000000 --- a/licenses/CPAL-1.0 +++ /dev/null @@ -1,415 +0,0 @@ -Common Public Attribution License Version 1.0 (CPAL) -1. "Definitions" -1.0.1 "Commercial Use" means distribution or otherwise making the Covered Code -available to a third party. -1.1 "Contributor" means each entity that creates or contributes to the creation -of Modifications. -1.2 "Contributor Version" means the combination of the Original Code, prior -Modifications used by a Contributor, and the Modifications made by that -particular Contributor. -1.3 "Covered Code" means the Original Code or Modifications or the combination -of the Original Code and Modifications, in each case including portions thereof. -1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted in -the software development community for the electronic transfer of data. -1.5 "Executable" means Covered Code in any form other than Source Code. -1.6 "Initial Developer" means the individual or entity identified as the -Initial Developer in the Source Code notice required by Exhibit A. -1.7 "Larger Work" means a work which combines Covered Code or portions thereof -with code not governed by the terms of this License. -1.8 "License" means this document. -1.8.1 "Licensable" means having the right to grant, to the maximum extent -possible, whether at the time of the initial grant or subsequently acquired, -any and all of the rights conveyed herein. -1.9 "Modifications" means any addition to or deletion from the substance or -structure of either the Original Code or any previous Modifications. When -Covered Code is released as a series of files, a Modification is: -A. Any addition to or deletion from the contents of a file containing Original -Code or previous Modifications. -B. Any new file that contains any part of the Original Code or previous -Modifications. -1.10 "Original Code" means Source Code of computer software code which is -described in the Source Code notice required by Exhibit A as Original Code, and -which, at the time of its release under this License is not already Covered -Code governed by this License. -1.10.1 "Patent Claims" means any patent claim(s), now owned or hereafter -acquired, including without limitation, method, process, and apparatus claims, -in any patent Licensable by grantor. -1.11 "Source Code" means the preferred form of the Covered Code for making -modifications to it, including all modules it contains, plus any associated -interface definition files, scripts used to control compilation and -installation of an Executable, or source code differential comparisons against -either the Original Code or another well known, available Covered Code of the -Contributor’s choice. The Source Code can be in a compressed or archival -form, provided the appropriate decompression or de-archiving software is widely -available for no charge. -1.12 "You" (or "Your") means an individual or a legal entity exercising rights -under, and complying with all of the terms of, this License or a future version -of this License issued under Section 6.1. For legal entities, "You" includes -any entity which controls, is controlled by, or is under common control with -You. For purposes of this definition, "control" means (a) the power, direct or -indirect, to cause the direction or management of such entity, whether by -contract or otherwise, or (b) ownership of more than fifty percent (50%) of the -outstanding shares or beneficial ownership of such entity. -2. Source Code License. -2.1 The Initial Developer Grant. -The Initial Developer hereby grants You a world-wide, royalty-free, -non-exclusive license, subject to third party intellectual property claims: -(a) under intellectual property rights (other than patent or trademark) -Licensable by Initial Developer to use, reproduce, modify, display, perform, -sublicense and distribute the Original Code (or portions thereof) with or -without Modifications, and/or as part of a Larger Work; and -(b) under Patents Claims infringed by the making, using or selling of Original -Code, to make, have made, use, practice, sell, and offer for sale, and/or -otherwise dispose of the Original Code (or portions thereof). -(c) the licenses granted in this Section 2.1(a) and (b) are effective on the -date Initial Developer first distributes Original Code under the terms of this -License. -(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for -code that You delete from the Original Code; 2) separate from the Original -Code; or 3) for infringements caused by: i) the modification of the Original -Code or ii) the combination of the Original Code with other software or devices. -2.2 Contributor Grant. -Subject to third party intellectual property claims, each Contributor hereby -grants You a world-wide, royalty-free, non-exclusive license -(a) under intellectual property rights (other than patent or trademark) -Licensable by Contributor, to use, reproduce, modify, display, perform, -sublicense and distribute the Modifications created by such Contributor (or -portions thereof) either on an unmodified basis, with other Modifications, as -Covered Code and/or as part of a Larger Work; and -(b) under Patent Claims infringed by the making, using, or selling of -Modifications made by that Contributor either alone and/or in combination with -its Contributor Version (or portions of such combination), to make, use, sell, -offer for sale, have made, and/or otherwise dispose of: 1) Modifications made -by that Contributor (or portions thereof); and 2) the combination of -Modifications made by that Contributor with its Contributor Version (or -portions of such combination). -(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the -date Contributor first makes Commercial Use of the Covered Code. -(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for -any code that Contributor has deleted from the Contributor Version; 2) separate -from the Contributor Version; 3) for infringements caused by: i) third party -modifications of Contributor Version or ii) the combination of Modifications -made by that Contributor with other software (except as part of the Contributor -Version) or other devices; or 4) under Patent Claims infringed by Covered Code -in the absence of Modifications made by that Contributor. -3. Distribution Obligations. -3.1 Application of License. -The Modifications which You create or to which You contribute are governed by -the terms of this License, including without limitation Section 2.2. The Source -Code version of Covered Code may be distributed only under the terms of this -License or a future version of this License released under Section 6.1, and You -must include a copy of this License with every copy of the Source Code You -distribute. You may not offer or impose any terms on any Source Code version -that alters or restricts the applicable version of this License or the -recipients’ rights hereunder. However, You may include an additional document -offering the additional rights described in Section 3.5. -3.2 Availability of Source Code. -Any Modification which You create or to which You contribute must be made -available in Source Code form under the terms of this License either on the -same media as an Executable version or via an accepted Electronic Distribution -Mechanism to anyone to whom you made an Executable version available; and if -made available via Electronic Distribution Mechanism, must remain available for -at least twelve (12) months after the date it initially became available, or at -least six (6) months after a subsequent version of that particular Modification -has been made available to such recipients. You are responsible for ensuring -that the Source Code version remains available even if the Electronic -Distribution Mechanism is maintained by a third party. -3.3 Description of Modifications. -You must cause all Covered Code to which You contribute to contain a file -documenting the changes You made to create that Covered Code and the date of -any change. You must include a prominent statement that the Modification is -derived, directly or indirectly, from Original Code provided by the Initial -Developer and including the name of the Initial Developer in (a) the Source -Code, and (b) in any notice in an Executable version or related documentation -in which You describe the origin or ownership of the Covered Code. -3.4 Intellectual Property Matters -(a) Third Party Claims. -If Contributor has knowledge that a license under a third party’s -intellectual property rights is required to exercise the rights granted by such -Contributor under Sections 2.1 or 2.2, Contributor must include a text file -with the Source Code distribution titled "LEGAL" which describes the claim and -the party making the claim in sufficient detail that a recipient will know whom -to contact. If Contributor obtains such knowledge after the Modification is -made available as described in Section 3.2, Contributor shall promptly modify -the LEGAL file in all copies Contributor makes available thereafter and shall -take other steps (such as notifying appropriate mailing lists or newsgroups) -reasonably calculated to inform those who received the Covered Code that new -knowledge has been obtained. -(b) Contributor APIs. -If Contributor’s Modifications include an application programming interface -and Contributor has knowledge of patent licenses which are reasonably necessary -to implement that API, Contributor must also include this information in the -LEGAL file. -(c) Representations. -Contributor represents that, except as disclosed pursuant to Section 3.4(a) -above, Contributor believes that Contributor’s Modifications are -Contributor’s original creation(s) and/or Contributor has sufficient rights -to grant the rights conveyed by this License. -3.5 Required Notices. -You must duplicate the notice in Exhibit A in each file of the Source Code. If -it is not possible to put such notice in a particular Source Code file due to -its structure, then You must include such notice in a location (such as a -relevant directory) where a user would be likely to look for such a notice. If -You created one or more Modification(s) You may add your name as a Contributor -to the notice described in Exhibit A. You must also duplicate this License in -any documentation for the Source Code where You describe recipients’ rights -or ownership rights relating to Covered Code. You may choose to offer, and to -charge a fee for, warranty, support, indemnity or liability obligations to one -or more recipients of Covered Code. However, You may do so only on Your own -behalf, and not on behalf of the Initial Developer or any Contributor. You must -make it absolutely clear than any such warranty, support, indemnity or -liability obligation is offered by You alone, and You hereby agree to indemnify -the Initial Developer and every Contributor for any liability incurred by the -Initial Developer or such Contributor as a result of warranty, support, -indemnity or liability terms You offer. -3.6 Distribution of Executable Versions. -You may distribute Covered Code in Executable form only if the requirements of -Section 3.1-3.5 have been met for that Covered Code, and if You include a -notice stating that the Source Code version of the Covered Code is available -under the terms of this License, including a description of how and where You -have fulfilled the obligations of Section 3.2. The notice must be conspicuously -included in any notice in an Executable version, related documentation or -collateral in which You describe recipients’ rights relating to the Covered -Code. You may distribute the Executable version of Covered Code or ownership -rights under a license of Your choice, which may contain terms different from -this License, provided that You are in compliance with the terms of this -License and that the license for the Executable version does not attempt to -limit or alter the recipient’s rights in the Source Code version from the -rights set forth in this License. If You distribute the Executable version -under a different license You must make it absolutely clear that any terms -which differ from this License are offered by You alone, not by the Initial -Developer, Original Developer or any Contributor. You hereby agree to indemnify -the Initial Developer, Original Developer and every Contributor for any -liability incurred by the Initial Developer, Original Developer or such -Contributor as a result of any such terms You offer. -3.7 Larger Works. -You may create a Larger Work by combining Covered Code with other code not -governed by the terms of this License and distribute the Larger Work as a -single product. In such a case, You must make sure the requirements of this -License are fulfilled for the Covered Code. -4. Inability to Comply Due to Statute or Regulation. -If it is impossible for You to comply with any of the terms of this License -with respect to some or all of the Covered Code due to statute, judicial order, -or regulation then You must: (a) comply with the terms of this License to the -maximum extent possible; and (b) describe the limitations and the code they -affect. Such description must be included in the LEGAL file described in -Section 3.4 and must be included with all distributions of the Source Code. -Except to the extent prohibited by statute or regulation, such description must -be sufficiently detailed for a recipient of ordinary skill to be able to -understand it. -5. Application of this License. -This License applies to code to which the Initial Developer has attached the -notice in Exhibit A and to related Covered Code. -6. Versions of the License. -6.1 New Versions. -Socialtext, Inc. ("Socialtext") may publish revised and/or new versions of the -License from time to time. Each version will be given a distinguishing version -number. -6.2 Effect of New Versions. -Once Covered Code has been published under a particular version of the License, -You may always continue to use it under the terms of that version. You may also -choose to use such Covered Code under the terms of any subsequent version of -the License published by Socialtext. No one other than Socialtext has the right -to modify the terms applicable to Covered Code created under this License. -6.3 Derivative Works. -If You create or use a modified version of this License (which you may only do -in order to apply it to code which is not already Covered Code governed by this -License), You must (a) rename Your license so that the phrases "Socialtext", -"CPAL" or any confusingly similar phrase do not appear in your license (except -to note that your license differs from this License) and (b) otherwise make it -clear that Your version of the license contains terms which differ from the -CPAL. (Filling in the name of the Initial Developer, Original Developer, -Original Code or Contributor in the notice described in Exhibit A shall not of -themselves be deemed to be modifications of this License.) -7. DISCLAIMER OF WARRANTY. -COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT -WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT -LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, -FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE -QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED -CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL -DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, -REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART -OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT -UNDER THIS DISCLAIMER. -8. TERMINATION. -8.1 This License and the rights granted hereunder will terminate automatically -if You fail to comply with terms herein and fail to cure such breach within 30 -days of becoming aware of the breach. All sublicenses to the Covered Code which -are properly granted shall survive any termination of this License. Provisions -which, by their nature, must remain in effect beyond the termination of this -License shall survive. -8.2 If You initiate litigation by asserting a patent infringement claim -(excluding declatory judgment actions) against Initial Developer, Original -Developer or a Contributor (the Initial Developer, Original Developer or -Contributor against whom You file such action is referred to as "Participant") -alleging that: -(a) such Participant’s Contributor Version directly or indirectly infringes -any patent, then any and all rights granted by such Participant to You under -Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from -Participant terminate prospectively, unless if within 60 days after receipt of -notice You either: (i) agree in writing to pay Participant a mutually agreeable -reasonable royalty for Your past and future use of Modifications made by such -Participant, or (ii) withdraw Your litigation claim with respect to the -Contributor Version against such Participant. If within 60 days of notice, a -reasonable royalty and payment arrangement are not mutually agreed upon in -writing by the parties or the litigation claim is not withdrawn, the rights -granted by Participant to You under Sections 2.1 and/or 2.2 automatically -terminate at the expiration of the 60 day notice period specified above. -(b) any software, hardware, or device, other than such Participant’s -Contributor Version, directly or indirectly infringes any patent, then any -rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are -revoked effective as of the date You first made, used, sold, distributed, or -had made, Modifications made by that Participant. -8.3 If You assert a patent infringement claim against Participant alleging that -such Participant’s Contributor Version directly or indirectly infringes any -patent where such claim is resolved (such as by license or settlement) prior to -the initiation of patent infringement litigation, then the reasonable value of -the licenses granted by such Participant under Sections 2.1 or 2.2 shall be -taken into account in determining the amount or value of any payment or license. -8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user -license agreements (excluding distributors and resellers) which have been -validly granted by You or any distributor hereunder prior to termination shall -survive termination. -9. LIMITATION OF LIABILITY. -UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING -NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ORIGINAL -DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY -SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, -SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, -WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER -FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN -IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS -LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL -INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW -PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR -LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND -LIMITATION MAY NOT APPLY TO YOU. -10. U.S. GOVERNMENT END USERS. -The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. -2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial -computer software documentation," as such terms are used in 48 C.F.R. 12.212 -(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through -227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with -only those rights set forth herein. -11. MISCELLANEOUS. -This License represents the complete agreement concerning subject matter -hereof. If any provision of this License is held to be unenforceable, such -provision shall be reformed only to the extent necessary to make it -enforceable. This License shall be governed by California law provisions -(except to the extent applicable law, if any, provides otherwise), excluding -its conflict-of-law provisions. With respect to disputes in which at least one -party is a citizen of, or an entity chartered or registered to do business in -the United States of America, any litigation relating to this License shall be -subject to the jurisdiction of the Federal Courts of the Northern District of -California, with venue lying in Santa Clara County, California, with the losing -party responsible for costs, including without limitation, court costs and -reasonable attorneys’ fees and expenses. The application of the United -Nations Convention on Contracts for the International Sale of Goods is -expressly excluded. Any law or regulation which provides that the language of a -contract shall be construed against the drafter shall not apply to this License. -12. RESPONSIBILITY FOR CLAIMS. -As between Initial Developer, Original Developer and the Contributors, each -party is responsible for claims and damages arising, directly or indirectly, -out of its utilization of rights under this License and You agree to work with -Initial Developer, Original Developer and Contributors to distribute such -responsibility on an equitable basis. Nothing herein is intended or shall be -deemed to constitute any admission of liability. -13. MULTIPLE-LICENSED CODE. -Initial Developer may designate portions of the Covered Code as -Multiple-Licensed. Multiple-Licensed means that the Initial Developer permits -you to utilize portions of the Covered Code under Your choice of the CPAL or -the alternative licenses, if any, specified by the Initial Developer in the -file described in Exhibit A. -14. ADDITIONAL TERM: ATTRIBUTION -(a) As a modest attribution to the organizer of the development of the Original -Code ("Original Developer"), in the hope that its promotional value may help -justify the time, money and effort invested in writing the Original Code, the -Original Developer may include in Exhibit B ("Attribution Information") a -requirement that each time an Executable and Source Code or a Larger Work is -launched or initially run (which includes initiating a session), a prominent -display of the Original Developer’s Attribution Information (as defined -below) must occur on the graphic user interface employed by the end user to -access such Covered Code (which may include display on a splash screen), if -any. The size of the graphic image should be consistent with the size of the -other elements of the Attribution Information. If the access by the end user to -the Executable and Source Code does not create a graphic user interface for -access to the Covered Code, this obligation shall not apply. If the Original -Code displays such Attribution Information in a particular form (such as in the -form of a splash screen, notice at login, an "about" display, or dedicated -attribution area on user interface screens), continued use of such form for -that Attribution Information is one way of meeting this requirement for notice. -(b) Attribution information may only include a copyright notice, a brief -phrase, graphic image and a URL ("Attribution Information") and is subject to -the Attribution Limits as defined below. For these purposes, prominent shall -mean display for sufficient duration to give reasonable notice to the user of -the identity of the Original Developer and that if You include Attribution -Information or similar information for other parties, You must ensure that the -Attribution Information for the Original Developer shall be no less prominent -than such Attribution Information or similar information for the other party. -For greater certainty, the Original Developer may choose to specify in Exhibit -B below that the above attribution requirement only applies to an Executable -and Source Code resulting from the Original Code or any Modification, but not a -Larger Work. The intent is to provide for reasonably modest attribution, -therefore the Original Developer cannot require that You display, at any time, -more than the following information as Attribution Information: (a) a copyright -notice including the name of the Original Developer; (b) a word or one phrase -(not exceeding 10 words); (c) one graphic image provided by the Original -Developer; and (d) a URL (collectively, the "Attribution Limits"). -(c) If Exhibit B does not include any Attribution Information, then there are -no requirements for You to display any Attribution Information of the Original -Developer. -(d) You acknowledge that all trademarks, service marks and/or trade names -contained within the Attribution Information distributed with the Covered Code -are the exclusive property of their owners and may only be used with the -permission of their owners, or under circumstances otherwise permitted by law -or as expressly set out in this License. -15. ADDITIONAL TERM: NETWORK USE. -The term "External Deployment" means the use, distribution, or communication of -the Original Code or Modifications in any way such that the Original Code or -Modifications may be used by anyone other than You, whether those works are -distributed or communicated to those persons or made available as an -application intended for use over a network. As an express condition for the -grants of license hereunder, You must treat any External Deployment by You of -the Original Code or Modifications as a distribution under section 3.1 and make -Source Code available under Section 3.2. - -EXHIBIT A. Common Public Attribution License Version 1.0. -"The contents of this file are subject to the Common Public Attribution License -Version 1.0 (the "License"); you may not use this file except in compliance -with the License. You may obtain a copy of the License at _____________. The -License is based on the Mozilla Public License Version 1.1 but Sections 14 and -15 have been added to cover use of software over a computer network and provide -for limited attribution for the Original Developer. In addition, Exhibit A has -been modified to be consistent with Exhibit B. -Software distributed under the License is distributed on an "AS IS" basis, -WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for -the specific language governing rights and limitations under the License. -The Original Code is______________________. -The Original Developer is not the Initial Developer and is __________. If left -blank, the Original Developer is the Initial Developer. -The Initial Developer of the Original Code is ____________. All portions of the -code written by ___________ are Copyright (c) _____. All Rights Reserved. -Contributor ______________________. -Alternatively, the contents of this file may be used under the terms of the -_____ license (the [___] License), in which case the provisions of [______] -License are applicable instead of those above. -If you wish to allow use of your version of this file only under the terms of -the [____] License and not to allow others to use your version of this file -under the CPAL, indicate your decision by deleting the provisions above and -replace them with the notice and other provisions required by the [___] -License. If you do not delete the provisions above, a recipient may use your -version of this file under either the CPAL or the [___] License." -[NOTE: The text of this Exhibit A may differ slightly from the text of the -notices in the Source Code files of the Original Code. You should use the text -of this Exhibit A rather than the text found in the Original Code Source Code -for Your Modifications.] - -EXHIBIT B. Attribution Information -Attribution Copyright Notice: _______________________ -Attribution Phrase (not exceeding 10 words): _______________________ -Attribution URL: _______________________ -Graphic Image as provided in the Covered Code, if any. -Display of Attribution Information is [required/not required] in Larger Works -which are defined in the CPAL as a work which combines Covered Code or portions -thereof with code not governed by the terms of the CPAL. |