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authorMike Frysinger <vapier@gentoo.org>2010-12-01 13:45:00 +0000
committerMike Frysinger <vapier@gentoo.org>2010-12-01 13:45:00 +0000
commit0f9470b3e0e4439c7cbc15d7c99b5a229b387842 (patch)
treee06b92c94b25eb7f09430b6adda1f6e4cd4e1c5d /licenses/CPAL-1.0
parentNew package by Christian Affolter & Julien Cynober & Artem Sidorenko #190636 ... (diff)
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+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.