path: root/licenses/CPAL-1.0.txt

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.