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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.
-
-
-
-
-
-