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2 | Common Public Attribution License Version 1.0 (CPAL) | ||
3 | 1. "Definitions" | ||
4 | 1.0.1 "Commercial Use" means distribution or otherwise making the | ||
5 | Covered Code available to a third party. | ||
6 | 1.1 "Contributor" means each entity that creates or contributes to | ||
7 | the creation of Modifications. | ||
8 | 1.2 "Contributor Version" means the combination of the Original | ||
9 | Code, prior Modifications used by a Contributor, and the Modifications made by | ||
10 | that particular Contributor. | ||
11 | 1.3 "Covered Code" means the Original Code or Modifications or the | ||
12 | combination of the Original Code and Modifications, in each case including | ||
13 | portions thereof. | ||
14 | 1.4 "Electronic Distribution Mechanism" means a mechanism generally | ||
15 | accepted in the software development community for the electronic transfer of | ||
16 | data. | ||
17 | 1.5 "Executable" means Covered Code in any form other than Source | ||
18 | Code. | ||
19 | 1.6 "Initial Developer" means the individual or entity identified | ||
20 | as the Initial Developer in the Source Code notice required by Exhibit A. | ||
21 | 1.7 "Larger Work" means a work which combines Covered Code or | ||
22 | portions thereof with code not governed by the terms of this License. | ||
23 | 1.8 "License" means this document. | ||
24 | 1.8.1 "Licensable" means having the right to grant, to the maximum | ||
25 | extent possible, whether at the time of the initial grant or subsequently | ||
26 | acquired, any and all of the rights conveyed herein. | ||
27 | 1.9 "Modifications" means any addition to or deletion from the | ||
28 | substance or structure of either the Original Code or any previous | ||
29 | Modifications. When Covered Code is released as a series of files, a | ||
30 | Modification is: | ||
31 | A. Any addition to or deletion from the contents of a file containing Original | ||
32 | Code or previous Modifications. | ||
33 | B. Any new file that contains any part of the Original Code or previous | ||
34 | Modifications. | ||
35 | 1.10 "Original Code" means Source Code of computer software code | ||
36 | which is described in the Source Code notice required by Exhibit A as Original | ||
37 | Code, and which, at the time of its release under this License is not already | ||
38 | Covered Code governed by this License. | ||
39 | 1.10.1 "Patent Claims" means any patent claim(s), now owned or | ||
40 | hereafter acquired, including without limitation, method, process, and | ||
41 | apparatus claims, in any patent Licensable by grantor. | ||
42 | 1.11 "Source Code" means the preferred form of the Covered Code for | ||
43 | making modifications to it, including all modules it contains, plus any | ||
44 | associated interface definition files, scripts used to control compilation and | ||
45 | installation of an Executable, or source code differential comparisons against | ||
46 | either the Original Code or another well known, available Covered Code of the | ||
47 | Contributor’s choice. The Source Code can be in a compressed or archival | ||
48 | form, provided the appropriate decompression or de-archiving software is widely | ||
49 | available for no charge. | ||
50 | 1.12 "You" (or "Your") means an individual or a legal | ||
51 | entity exercising rights under, and complying with all of the terms of, this | ||
52 | License or a future version of this License issued under Section 6.1. For legal | ||
53 | entities, "You" includes any entity which controls, is controlled | ||
54 | by, or is under common control with You. For purposes of this definition, | ||
55 | "control" means (a) the power, direct or indirect, to cause the | ||
56 | direction or management of such entity, whether by contract or otherwise, or | ||
57 | (b) ownership of more than fifty percent (50%) of the outstanding shares or | ||
58 | beneficial ownership of such entity. | ||
59 | 2. Source Code License. | ||
60 | 2.1 The Initial Developer Grant. | ||
61 | The Initial Developer hereby grants You a world-wide, royalty-free, non- | ||
62 | exclusive license, subject to third party intellectual property claims: | ||
63 | (a) under intellectual property rights (other than patent or trademark) | ||
64 | Licensable by Initial Developer to use, reproduce, modify, display, perform, | ||
65 | sublicense and distribute the Original Code (or portions thereof) with or | ||
66 | without Modifications, and/or as part of a Larger Work; and | ||
67 | (b) under Patents Claims infringed by the making, using or selling of Original | ||
68 | Code, to make, have made, use, practice, sell, and offer for sale, and/or | ||
69 | otherwise dispose of the Original Code (or portions thereof). | ||
70 | (c) the licenses granted in this Section 2.1(a) and (b) are effective on the | ||
71 | date Initial Developer first distributes Original Code under the terms of this | ||
72 | License. | ||
73 | (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for | ||
74 | code that You delete from the Original Code; 2) separate from the Original | ||
75 | Code; or 3) for infringements caused by: i) the modification of the Original | ||
76 | Code or ii) the combination of the Original Code with other software or | ||
77 | devices. | ||
78 | 2.2 Contributor Grant. | ||
79 | Subject to third party intellectual property claims, each Contributor hereby | ||
80 | grants You a world-wide, royalty-free, non-exclusive license | ||
81 | (a) under intellectual property rights (other than patent or trademark) | ||
82 | Licensable by Contributor, to use, reproduce, modify, display, perform, | ||
83 | sublicense and distribute the Modifications created by such Contributor (or | ||
84 | portions thereof) either on an unmodified basis, with other Modifications, as | ||
85 | Covered Code and/or as part of a Larger Work; and | ||
86 | (b) under Patent Claims infringed by the making, using, or selling of | ||
87 | Modifications made by that Contributor either alone and/or in combination with | ||
88 | its Contributor Version (or portions of such combination), to make, use, sell, | ||
89 | offer for sale, have made, and/or otherwise dispose of: 1) Modifications made | ||
90 | by that Contributor (or portions thereof); and 2) the combination of | ||
91 | Modifications made by that Contributor with its Contributor Version (or | ||
92 | portions of such combination). | ||
93 | (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the | ||
94 | date Contributor first makes Commercial Use of the Covered Code. | ||
95 | (d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for | ||
96 | any code that Contributor has deleted from the Contributor Version; 2) separate | ||
97 | from the Contributor Version; 3) for infringements caused by: i) third party | ||
98 | modifications of Contributor Version or ii) the combination of Modifications | ||
99 | made by that Contributor with other software (except as part of the Contributor | ||
100 | Version) or other devices; or 4) under Patent Claims infringed by Covered Code | ||
101 | in the absence of Modifications made by that Contributor. | ||
102 | 3. Distribution Obligations. | ||
103 | 3.1 Application of License. | ||
104 | The Modifications which You create or to which You contribute are governed by | ||
105 | the terms of this License, including without limitation Section 2.2. The Source | ||
106 | Code version of Covered Code may be distributed only under the terms of this | ||
107 | License or a future version of this License released under Section 6.1, and You | ||
108 | must include a copy of this License with every copy of the Source Code You | ||
109 | distribute. You may not offer or impose any terms on any Source Code version | ||
110 | that alters or restricts the applicable version of this License or the | ||
111 | recipients’ rights hereunder. However, You may include an additional | ||
112 | document offering the additional rights described in Section 3.5. | ||
113 | 3.2 Availability of Source Code. | ||
114 | Any Modification which You create or to which You contribute must be made | ||
115 | available in Source Code form under the terms of this License either on the | ||
116 | same media as an Executable version or via an accepted Electronic Distribution | ||
117 | Mechanism to anyone to whom you made an Executable version available; and if | ||
118 | made available via Electronic Distribution Mechanism, must remain available for | ||
119 | at least twelve (12) months after the date it initially became available, or at | ||
120 | least six (6) months after a subsequent version of that particular Modification | ||
121 | has been made available to such recipients. You are responsible for ensuring | ||
122 | that the Source Code version remains available even if the Electronic | ||
123 | Distribution Mechanism is maintained by a third party. | ||
124 | 3.3 Description of Modifications. | ||
125 | You must cause all Covered Code to which You contribute to contain a file | ||
126 | documenting the changes You made to create that Covered Code and the date of | ||
127 | any change. You must include a prominent statement that the Modification is | ||
128 | derived, directly or indirectly, from Original Code provided by the Initial | ||
129 | Developer and including the name of the Initial Developer in (a) the Source | ||
130 | Code, and (b) in any notice in an Executable version or related documentation | ||
131 | in which You describe the origin or ownership of the Covered Code. | ||
132 | 3.4 Intellectual Property Matters | ||
133 | (a) Third Party Claims. | ||
134 | If Contributor has knowledge that a license under a third party’s | ||
135 | intellectual property rights is required to exercise the rights granted by such | ||
136 | Contributor under Sections 2.1 or 2.2, Contributor must include a text file | ||
137 | with the Source Code distribution titled "LEGAL" which describes | ||
138 | the claim and the party making the claim in sufficient detail that a recipient | ||
139 | will know whom to contact. If Contributor obtains such knowledge after the | ||
140 | Modification is made available as described in Section 3.2, Contributor shall | ||
141 | promptly modify the LEGAL file in all copies Contributor makes available | ||
142 | thereafter and shall take other steps (such as notifying appropriate mailing | ||
143 | lists or newsgroups) reasonably calculated to inform those who received the | ||
144 | Covered Code that new knowledge has been obtained. | ||
145 | (b) Contributor APIs. | ||
146 | If Contributor’s Modifications include an application programming | ||
147 | interface and Contributor has knowledge of patent licenses which are reasonably | ||
148 | necessary to implement that API, Contributor must also include this information | ||
149 | in the LEGAL file. | ||
150 | (c) Representations. | ||
151 | Contributor represents that, except as disclosed pursuant to Section 3.4(a) | ||
152 | above, Contributor believes that Contributor’s Modifications are | ||
153 | Contributor’s original creation(s) and/or Contributor has sufficient | ||
154 | rights to grant the rights conveyed by this License. | ||
155 | 3.5 Required Notices. | ||
156 | You must duplicate the notice in Exhibit A in each file of the Source Code. If | ||
157 | it is not possible to put such notice in a particular Source Code file due to | ||
158 | its structure, then You must include such notice in a location (such as a | ||
159 | relevant directory) where a user would be likely to look for such a notice. If | ||
160 | You created one or more Modification(s) You may add your name as a Contributor | ||
161 | to the notice described in Exhibit A. You must also duplicate this License in | ||
162 | any documentation for the Source Code where You describe recipients’ | ||
163 | rights or ownership rights relating to Covered Code. You may choose to offer, | ||
164 | and to charge a fee for, warranty, support, indemnity or liability obligations | ||
165 | to one or more recipients of Covered Code. However, You may do so only on Your | ||
166 | own behalf, and not on behalf of the Initial Developer or any Contributor. You | ||
167 | must make it absolutely clear than any such warranty, support, indemnity or | ||
168 | liability obligation is offered by You alone, and You hereby agree to indemnify | ||
169 | the Initial Developer and every Contributor for any liability incurred by the | ||
170 | Initial Developer or such Contributor as a result of warranty, support, | ||
171 | indemnity or liability terms You offer. | ||
172 | 3.6 Distribution of Executable Versions. | ||
173 | You may distribute Covered Code in Executable form only if the requirements of | ||
174 | Section 3.1-3.5 have been met for that Covered Code, and if You include a | ||
175 | notice stating that the Source Code version of the Covered Code is available | ||
176 | under the terms of this License, including a description of how and where You | ||
177 | have fulfilled the obligations of Section 3.2. The notice must be conspicuously | ||
178 | included in any notice in an Executable version, related documentation or | ||
179 | collateral in which You describe recipients’ rights relating to the | ||
180 | Covered Code. You may distribute the Executable version of Covered Code or | ||
181 | ownership rights under a license of Your choice, which may contain terms | ||
182 | different from this License, provided that You are in compliance with the terms | ||
183 | of this License and that the license for the Executable version does not | ||
184 | attempt to limit or alter the recipient’s rights in the Source Code | ||
185 | version from the rights set forth in this License. If You distribute the | ||
186 | Executable version under a different license You must make it absolutely clear | ||
187 | that any terms which differ from this License are offered by You alone, not by | ||
188 | the Initial Developer, Original Developer or any Contributor. You hereby agree | ||
189 | to indemnify the Initial Developer, Original Developer and every Contributor | ||
190 | for any liability incurred by the Initial Developer, Original Developer or such | ||
191 | Contributor as a result of any such terms You offer. | ||
192 | 3.7 Larger Works. | ||
193 | You may create a Larger Work by combining Covered Code with other code not | ||
194 | governed by the terms of this License and distribute the Larger Work as a | ||
195 | single product. In such a case, You must make sure the requirements of this | ||
196 | License are fulfilled for the Covered Code. | ||
197 | 4. Inability to Comply Due to Statute or Regulation. | ||
198 | If it is impossible for You to comply with any of the terms of this License | ||
199 | with respect to some or all of the Covered Code due to statute, judicial order, | ||
200 | or regulation then You must: (a) comply with the terms of this License to the | ||
201 | maximum extent possible; and (b) describe the limitations and the code they | ||
202 | affect. Such description must be included in the LEGAL file described in | ||
203 | Section 3.4 and must be included with all distributions of the Source Code. | ||
204 | Except to the extent prohibited by statute or regulation, such description must | ||
205 | be sufficiently detailed for a recipient of ordinary skill to be able to | ||
206 | understand it. | ||
207 | 5. Application of this License. | ||
208 | This License applies to code to which the Initial Developer has attached the | ||
209 | notice in Exhibit A and to related Covered Code. | ||
210 | 6. Versions of the License. | ||
211 | 6.1 New Versions. | ||
212 | Socialtext, Inc. ("Socialtext") may publish revised and/or new | ||
213 | versions of the License from time to time. Each version will be given a | ||
214 | distinguishing version number. | ||
215 | 6.2 Effect of New Versions. | ||
216 | Once Covered Code has been published under a particular version of the License, | ||
217 | You may always continue to use it under the terms of that version. You may also | ||
218 | choose to use such Covered Code under the terms of any subsequent version of | ||
219 | the License published by Socialtext. No one other than Socialtext has the right | ||
220 | to modify the terms applicable to Covered Code created under this License. | ||
221 | 6.3 Derivative Works. | ||
222 | If You create or use a modified version of this License (which you may only do | ||
223 | in order to apply it to code which is not already Covered Code governed by this | ||
224 | License), You must (a) rename Your license so that the phrases | ||
225 | "Socialtext", "CPAL" or any confusingly similar phrase | ||
226 | do not appear in your license (except to note that your license differs from | ||
227 | this License) and (b) otherwise make it clear that Your version of the license | ||
228 | contains terms which differ from the CPAL. (Filling in the name of the Initial | ||
229 | Developer, Original Developer, Original Code or Contributor in the notice | ||
230 | described in Exhibit A shall not of themselves be deemed to be modifications of | ||
231 | this License.) | ||
232 | 7. DISCLAIMER OF WARRANTY. | ||
233 | COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, | ||
234 | WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT | ||
235 | LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, | ||
236 | FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE | ||
237 | QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED | ||
238 | CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL | ||
239 | DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, | ||
240 | REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART | ||
241 | OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT | ||
242 | UNDER THIS DISCLAIMER. | ||
243 | 8. TERMINATION. | ||
244 | 8.1 This License and the rights granted hereunder will terminate automatically | ||
245 | if You fail to comply with terms herein and fail to cure such breach within 30 | ||
246 | days of becoming aware of the breach. All sublicenses to the Covered Code which | ||
247 | are properly granted shall survive any termination of this License. Provisions | ||
248 | which, by their nature, must remain in effect beyond the termination of this | ||
249 | License shall survive. | ||
250 | 8.2 If You initiate litigation by asserting a patent infringement claim | ||
251 | (excluding declatory judgment actions) against Initial Developer, Original | ||
252 | Developer or a Contributor (the Initial Developer, Original Developer or | ||
253 | Contributor against whom You file such action is referred to as | ||
254 | "Participant") alleging that: | ||
255 | (a) such Participant’s Contributor Version directly or indirectly | ||
256 | infringes any patent, then any and all rights granted by such Participant to | ||
257 | You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice | ||
258 | from Participant terminate prospectively, unless if within 60 days after | ||
259 | receipt of notice You either: (i) agree in writing to pay Participant a | ||
260 | mutually agreeable reasonable royalty for Your past and future use of | ||
261 | Modifications made by such Participant, or (ii) withdraw Your litigation claim | ||
262 | with respect to the Contributor Version against such Participant. If within 60 | ||
263 | days of notice, a reasonable royalty and payment arrangement are not mutually | ||
264 | agreed upon in writing by the parties or the litigation claim is not withdrawn, | ||
265 | the rights granted by Participant to You under Sections 2.1 and/or 2.2 | ||
266 | automatically terminate at the expiration of the 60 day notice period specified | ||
267 | above. | ||
268 | (b) any software, hardware, or device, other than such Participant’s | ||
269 | Contributor Version, directly or indirectly infringes any patent, then any | ||
270 | rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are | ||
271 | revoked effective as of the date You first made, used, sold, distributed, or | ||
272 | had made, Modifications made by that Participant. | ||
273 | 8.3 If You assert a patent infringement claim against Participant alleging that | ||
274 | such Participant’s Contributor Version directly or indirectly infringes | ||
275 | any patent where such claim is resolved (such as by license or settlement) | ||
276 | prior to the initiation of patent infringement litigation, then the reasonable | ||
277 | value of the licenses granted by such Participant under Sections 2.1 or 2.2 | ||
278 | shall be taken into account in determining the amount or value of any payment | ||
279 | or license. | ||
280 | 8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user | ||
281 | license agreements (excluding distributors and resellers) which have been | ||
282 | validly granted by You or any distributor hereunder prior to termination shall | ||
283 | survive termination. | ||
284 | 9. LIMITATION OF LIABILITY. | ||
285 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING | ||
286 | NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ORIGINAL | ||
287 | DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY | ||
288 | SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, | ||
289 | SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, | ||
290 | WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER | ||
291 | FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN | ||
292 | IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS | ||
293 | LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL | ||
294 | INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE | ||
295 | LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR | ||
296 | LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND | ||
297 | LIMITATION MAY NOT APPLY TO YOU. | ||
298 | 10. U.S. GOVERNMENT END USERS. | ||
299 | The Covered Code is a "commercial item," as that term is defined in | ||
300 | 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer | ||
301 | software" and "commercial computer software documentation," | ||
302 | as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 | ||
303 | C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. | ||
304 | Government End Users acquire Covered Code with only those rights set forth | ||
305 | herein. | ||
306 | 11. MISCELLANEOUS. | ||
307 | This License represents the complete agreement concerning subject matter | ||
308 | hereof. If any provision of this License is held to be unenforceable, such | ||
309 | provision shall be reformed only to the extent necessary to make it | ||
310 | enforceable. This License shall be governed by California law provisions | ||
311 | (except to the extent applicable law, if any, provides otherwise), excluding | ||
312 | its conflict-of-law provisions. With respect to disputes in which at least one | ||
313 | party is a citizen of, or an entity chartered or registered to do business in | ||
314 | the United States of America, any litigation relating to this License shall be | ||
315 | subject to the jurisdiction of the Federal Courts of the Northern District of | ||
316 | California, with venue lying in Santa Clara County, California, with the losing | ||
317 | party responsible for costs, including without limitation, court costs and | ||
318 | reasonable attorneys’ fees and expenses. The application of the United | ||
319 | Nations Convention on Contracts for the International Sale of Goods is | ||
320 | expressly excluded. Any law or regulation which provides that the language of a | ||
321 | contract shall be construed against the drafter shall not apply to this | ||
322 | License. | ||
323 | 12. RESPONSIBILITY FOR CLAIMS. | ||
324 | As between Initial Developer, Original Developer and the Contributors, each | ||
325 | party is responsible for claims and damages arising, directly or indirectly, | ||
326 | out of its utilization of rights under this License and You agree to work with | ||
327 | Initial Developer, Original Developer and Contributors to distribute such | ||
328 | responsibility on an equitable basis. Nothing herein is intended or shall be | ||
329 | deemed to constitute any admission of liability. | ||
330 | 13. MULTIPLE-LICENSED CODE. | ||
331 | Initial Developer may designate portions of the Covered Code as Multiple- | ||
332 | Licensed. Multiple-Licensed means that the Initial Developer permits you to | ||
333 | utilize portions of the Covered Code under Your choice of the CPAL or the | ||
334 | alternative licenses, if any, specified by the Initial Developer in the file | ||
335 | described in Exhibit A. | ||
336 | 14. ADDITIONAL TERM: ATTRIBUTION | ||
337 | (a) As a modest attribution to the organizer of the development of the Original | ||
338 | Code ("Original Developer"), in the hope that its promotional value | ||
339 | may help justify the time, money and effort invested in writing the Original | ||
340 | Code, the Original Developer may include in Exhibit B ("Attribution | ||
341 | Information") a requirement that each time an Executable and Source Code | ||
342 | or a Larger Work is launched or initially run (which includes initiating a | ||
343 | session), a prominent display of the Original Developer’s Attribution | ||
344 | Information (as defined below) must occur on the graphic user interface | ||
345 | employed by the end user to access such Covered Code (which may include display | ||
346 | on a splash screen), if any. The size of the graphic image should be consistent | ||
347 | with the size of the other elements of the Attribution Information. If the | ||
348 | access by the end user to the Executable and Source Code does not create a | ||
349 | graphic user interface for access to the Covered Code, this obligation shall | ||
350 | not apply. If the Original Code displays such Attribution Information in a | ||
351 | particular form (such as in the form of a splash screen, notice at login, an | ||
352 | "about" display, or dedicated attribution area on user interface | ||
353 | screens), continued use of such form for that Attribution Information is one | ||
354 | way of meeting this requirement for notice. | ||
355 | (b) Attribution information may only include a copyright notice, a brief | ||
356 | phrase, graphic image and a URL ("Attribution Information") and is | ||
357 | subject to the Attribution Limits as defined below. For these purposes, | ||
358 | prominent shall mean display for sufficient duration to give reasonable notice | ||
359 | to the user of the identity of the Original Developer and that if You include | ||
360 | Attribution Information or similar information for other parties, You must | ||
361 | ensure that the Attribution Information for the Original Developer shall be no | ||
362 | less prominent than such Attribution Information or similar information for the | ||
363 | other party. For greater certainty, the Original Developer may choose to | ||
364 | specify in Exhibit B below that the above attribution requirement only applies | ||
365 | to an Executable and Source Code resulting from the Original Code or any | ||
366 | Modification, but not a Larger Work. The intent is to provide for reasonably | ||
367 | modest attribution, therefore the Original Developer cannot require that You | ||
368 | display, at any time, more than the following information as Attribution | ||
369 | Information: (a) a copyright notice including the name of the Original | ||
370 | Developer; (b) a word or one phrase (not exceeding 10 words); (c) one graphic | ||
371 | image provided by the Original Developer; and (d) a URL (collectively, the | ||
372 | "Attribution Limits"). | ||
373 | (c) If Exhibit B does not include any Attribution Information, then there are | ||
374 | no requirements for You to display any Attribution Information of the Original | ||
375 | Developer. | ||
376 | (d) You acknowledge that all trademarks, service marks and/or trade names | ||
377 | contained within the Attribution Information distributed with the Covered Code | ||
378 | are the exclusive property of their owners and may only be used with the | ||
379 | permission of their owners, or under circumstances otherwise permitted by law | ||
380 | or as expressly set out in this License. | ||
381 | 15. ADDITIONAL TERM: NETWORK USE. | ||
382 | The term "External Deployment" means the use, distribution, or | ||
383 | communication of the Original Code or Modifications in any way such that the | ||
384 | Original Code or Modifications may be used by anyone other than You, whether | ||
385 | those works are distributed or communicated to those persons or made available | ||
386 | as an application intended for use over a network. As an express condition for | ||
387 | the grants of license hereunder, You must treat any External Deployment by You | ||
388 | of the Original Code or Modifications as a distribution under section 3.1 and | ||
389 | make Source Code available under Section 3.2. | ||
390 | |||
391 | EXHIBIT A. Common Public Attribution License Version 1.0. | ||
392 | "The contents of this file are subject to the Common Public Attribution | ||
393 | License Version 1.0 (the "License"); you may not use this file | ||
394 | except in compliance with the License. You may obtain a copy of the License at | ||
395 | _____________. The License is based on the Mozilla Public License Version 1.1 | ||
396 | but Sections 14 and 15 have been added to cover use of software over a computer | ||
397 | network and provide for limited attribution for the Original Developer. In | ||
398 | addition, Exhibit A has been modified to be consistent with Exhibit B. | ||
399 | Software distributed under the License is distributed on an "AS IS" | ||
400 | basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License | ||
401 | for the specific language governing rights and limitations under the License. | ||
402 | The Original Code is______________________. | ||
403 | The Original Developer is not the Initial Developer and is __________. If left | ||
404 | blank, the Original Developer is the Initial Developer. | ||
405 | The Initial Developer of the Original Code is ____________. All portions of the | ||
406 | code written by ___________ are Copyright (c) _____. All Rights Reserved. | ||
407 | Contributor ______________________. | ||
408 | Alternatively, the contents of this file may be used under the terms of the | ||
409 | _____ license (the [___] License), in which case the provisions of [______] | ||
410 | License are applicable instead of those above. | ||
411 | If you wish to allow use of your version of this file only under the terms of | ||
412 | the [____] License and not to allow others to use your version of this file | ||
413 | under the CPAL, indicate your decision by deleting the provisions above and | ||
414 | replace them with the notice and other provisions required by the [___] | ||
415 | License. If you do not delete the provisions above, a recipient may use your | ||
416 | version of this file under either the CPAL or the [___] License." | ||
417 | [NOTE: The text of this Exhibit A may differ slightly from the text of the | ||
418 | notices in the Source Code files of the Original Code. You should use the text | ||
419 | of this Exhibit A rather than the text found in the Original Code Source Code | ||
420 | for Your Modifications.] | ||
421 | |||
422 | EXHIBIT B. Attribution Information | ||
423 | Attribution Copyright Notice: _______________________ | ||
424 | Attribution Phrase (not exceeding 10 words): _______________________ | ||
425 | Attribution URL: _______________________ | ||
426 | Graphic Image as provided in the Covered Code, if any. | ||
427 | Display of Attribution Information is [required/not required] in Larger Works | ||
428 | which are defined in the CPAL as a work which combines Covered Code or portions | ||
429 | thereof with code not governed by the terms of the CPAL. | ||
430 | |||
431 | |||
432 | |||
433 | |||
434 | |||
435 | |||