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1
2SUGARCRM PUBLIC LICENSE
3
4Version 1.1.3
5
6The SugarCRM Public License Version ("SPL") consists of the Mozilla
7Public License Version 1.1, modified to be specific to SugarCRM, with the
8Additional Terms in Exhibit B. The original Mozilla Public License 1.1 can be
9found at: http://www.mozilla.org/MPL/MPL-1.1.html
10
11
121. Definitions.
13
141.0.1. "Commercial Use" means distribution or otherwise making the
15Covered Code available to a third party.
161.1. ''Contributor'' means each entity that creates or contributes to the
17creation of Modifications.
18
191.2. ''Contributor Version'' means the combination of the Original Code, prior
20Modifications used by a Contributor, and the Modifications made by that
21particular Contributor.
22
231.3. ''Covered Code'' means the Original Code or Modifications or the
24combination of the Original Code and Modifications, in each case including
25portions thereof.
26
271.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted
28in the software development community for the electronic transfer of data.
29
301.5. ''Executable'' means Covered Code in any form other than Source Code.
31
321.6. ''Initial Developer'' means the individual or entity identified as the
33Initial Developer in the Source Code notice required by Exhibit A.
34
351.7. ''Larger Work'' means a work which combines Covered Code or portions
36thereof with code not governed by the terms of this License.
37
381.8. ''License'' means this document.
39
401.8.1. "Licensable" means having the right to grant, to the maximum
41extent possible, whether at the time of the initial grant or subsequently
42acquired, any and all of the rights conveyed herein.
43
441.9. ''Modifications'' means any addition to or deletion from the substance or
45structure of either the Original Code or any previous Modifications. When
46Covered Code is released as a series of files, a Modification is:
47
48A. Any addition to or deletion from the contents of a file containing Original
49Code or previous Modifications.
50B. Any new file that contains any part of the Original Code or previous
51Modifications.
521.10. ''Original Code'' means Source Code of computer software code which is
53described in the Source Code notice required by Exhibit A as Original Code, and
54which, at the time of its release under this License is not already Covered
55Code governed by this License.
561.10.1. "Patent Claims" means any patent claim(s), now owned or
57hereafter acquired, including without limitation, method, process, and
58apparatus claims, in any patent Licensable by grantor.
59
601.11. ''Source Code'' means the preferred form of the Covered Code for making
61modifications to it, including all modules it contains, plus any associated
62interface definition files, scripts used to control compilation and
63installation of an Executable, or source code differential comparisons against
64either the Original Code or another well known, available Covered Code of the
65Contributor's choice. The Source Code can be in a compressed or archival form,
66provided the appropriate decompression or de-archiving software is widely
67available for no charge.
68
691.12. "You'' (or "Your") means an individual or a legal entity
70exercising rights under, and complying with all of the terms of, this License
71or a future version of this License issued under Section 6.1. For legal
72entities, "You'' includes any entity which controls, is controlled by, or
73is under common control with You. For purposes of this definition,
74"control'' means (a) the power, direct or indirect, to cause the direction
75or management of such entity, whether by contract or otherwise, or (b)
76ownership of more than fifty percent (50%) of the outstanding shares or
77beneficial ownership of such entity.
78
792. Source Code License.
802.1. The Initial Developer Grant.
81The Initial Developer hereby grants You a world-wide, royalty-free, non-
82exclusive license, subject to third party intellectual property claims:
83(a) under intellectual property rights (other than patent or trademark)
84Licensable by Initial Developer to use, reproduce, modify, display, perform,
85sublicense and distribute the Original Code (or portions thereof) with or
86without Modifications, and/or as part of a Larger Work; and
87(b) under Patents Claims infringed by the making, using or selling of Original
88Code, to make, have made, use, practice, sell, and offer for sale, and/or
89otherwise dispose of the Original Code (or portions thereof).
90
91(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
92date Initial Developer first distributes Original Code under the terms of this
93License.
94(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for
95code that You delete from the Original Code; 2) separate from the Original
96Code; or 3) for infringements caused by: i) the modification of the Original
97Code or ii) the combination of the Original Code with other software or
98devices.
992.2. Contributor Grant.
100Subject to third party intellectual property claims, each Contributor hereby
101grants You a world-wide, royalty-free, non-exclusive license
102
103(a) under intellectual property rights (other than patent or trademark)
104Licensable by Contributor, to use, reproduce, modify, display, perform,
105sublicense and distribute the Modifications created by such Contributor (or
106portions thereof) either on an unmodified basis, with other Modifications, as
107Covered Code and/or as part of a Larger Work; and
108(b) under Patent Claims infringed by the making, using, or selling of
109Modifications made by that Contributor either alone and/or in combination with
110its Contributor Version (or portions of such combination), to make, use, sell,
111offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
112by that Contributor (or portions thereof); and 2) the combination of
113Modifications made by that Contributor with its Contributor Version (or
114portions of such combination).
115
116(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
117date Contributor first makes Commercial Use of the Covered Code.
118
119(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for
120any code that Contributor has deleted from the Contributor Version; 2) separate
121from the Contributor Version; 3) for infringements caused by: i) third party
122modifications of Contributor Version or ii) the combination of Modifications
123made by that Contributor with other software (except as part of the Contributor
124Version) or other devices; or 4) under Patent Claims infringed by Covered Code
125in the absence of Modifications made by that Contributor.
126
127
1283. Distribution Obligations.
129
1303.1. Application of License.
131The Modifications which You create or to which You contribute are governed by
132the terms of this License, including without limitation Section 2.2. The Source
133Code version of Covered Code may be distributed only under the terms of this
134License or a future version of this License released under Section 6.1, and You
135must include a copy of this License with every copy of the Source Code You
136distribute. You may not offer or impose any terms on any Source Code version
137that alters or restricts the applicable version of this License or the
138recipients' rights hereunder. However, You may include an additional document
139offering the additional rights described in Section 3.5.
1403.2. Availability of Source Code.
141Any Modification which You create or to which You contribute must be made
142available in Source Code form under the terms of this License either on the
143same media as an Executable version or via an accepted Electronic Distribution
144Mechanism to anyone to whom you made an Executable version available; and if
145made available via Electronic Distribution Mechanism, must remain available for
146at least twelve (12) months after the date it initially became available, or at
147least six (6) months after a subsequent version of that particular Modification
148has been made available to such recipients. You are responsible for ensuring
149that the Source Code version remains available even if the Electronic
150Distribution Mechanism is maintained by a third party.
151
1523.3. Description of Modifications.
153You must cause all Covered Code to which You contribute to contain a file
154documenting the changes You made to create that Covered Code and the date of
155any change. You must include a prominent statement that the Modification is
156derived, directly or indirectly, from Original Code provided by the Initial
157Developer and including the name of the Initial Developer in (a) the Source
158Code, and (b) in any notice in an Executable version or related documentation
159in which You describe the origin or ownership of the Covered Code.
160
1613.4. Intellectual Property Matters
162
163(a) Third Party Claims.
164If Contributor has knowledge that a license under a third party's intellectual
165property rights is required to exercise the rights granted by such Contributor
166under Sections 2.1 or 2.2, Contributor must include a text file with the Source
167Code distribution titled "LEGAL'' which describes the claim and the party
168making the claim in sufficient detail that a recipient will know whom to
169contact. If Contributor obtains such knowledge after the Modification is made
170available as described in Section 3.2, Contributor shall promptly modify the
171LEGAL file in all copies Contributor makes available thereafter and shall take
172other steps (such as notifying appropriate mailing lists or newsgroups)
173reasonably calculated to inform those who received the Covered Code that new
174knowledge has been obtained.
175(b) Contributor APIs.
176If Contributor's Modifications include an application programming interface and
177Contributor has knowledge of patent licenses which are reasonably necessary to
178implement that API, Contributor must also include this information in the LEGAL
179file.
180(c) Representations.
181Contributor represents that, except as disclosed pursuant to Section 3.4(a)
182above, Contributor believes that Contributor's Modifications are Contributor's
183original creation(s) and/or Contributor has sufficient rights to grant the
184rights conveyed by this License.
185
1863.5. Required Notices.
187You must duplicate the notice in Exhibit A in each file of the Source Code. If
188it is not possible to put such notice in a particular Source Code file due to
189its structure, then You must include such notice in a location (such as a
190relevant directory) where a user would be likely to look for such a notice. If
191You created one or more Modification(s) You may add your name as a Contributor
192to the notice described in Exhibit A. You must also duplicate this License in
193any documentation for the Source Code where You describe recipients' rights or
194ownership rights relating to Covered Code. You may choose to offer, and to
195charge a fee for, warranty, support, indemnity or liability obligations to one
196or more recipients of Covered Code. However, You may do so only on Your own
197behalf, and not on behalf of the Initial Developer or any Contributor. You must
198make it absolutely clear than any such warranty, support, indemnity or
199liability obligation is offered by You alone, and You hereby agree to indemnify
200the Initial Developer and every Contributor for any liability incurred by the
201Initial Developer or such Contributor as a result of warranty, support,
202indemnity or liability terms You offer.
203
2043.6. Distribution of Executable Versions.
205You may distribute Covered Code in Executable form only if the requirements of
206Section 3.1-3.5 have been met for that Covered Code, and if You include a
207notice stating that the Source Code version of the Covered Code is available
208under the terms of this License, including a description of how and where You
209have fulfilled the obligations of Section 3.2. The notice must be conspicuously
210included in any notice in an Executable version, related documentation or
211collateral in which You describe recipients' rights relating to the Covered
212Code. You may distribute the Executable version of Covered Code or ownership
213rights under a license of Your choice, which may contain terms different from
214this License, provided that You are in compliance with the terms of this
215License and that the license for the Executable version does not attempt to
216limit or alter the recipient's rights in the Source Code version from the
217rights set forth in this License. If You distribute the Executable version
218under a different license You must make it absolutely clear that any terms
219which differ from this License are offered by You alone, not by the Initial
220Developer or any Contributor. You hereby agree to indemnify the Initial
221Developer and every Contributor for any liability incurred by the Initial
222Developer or such Contributor as a result of any such terms You offer.
223
2243.7. Larger Works.
225You may create a Larger Work by combining Covered Code with other code not
226governed by the terms of this License and distribute the Larger Work as a
227single product. In such a case, You must make sure the requirements of this
228License are fulfilled for the Covered Code.
229
2304. Inability to Comply Due to Statute or Regulation.
231If it is impossible for You to comply with any of the terms of this License
232with respect to some or all of the Covered Code due to statute, judicial order,
233or regulation then You must: (a) comply with the terms of this License to the
234maximum extent possible; and (b) describe the limitations and the code they
235affect. Such description must be included in the LEGAL file described in
236Section 3.4 and must be included with all distributions of the Source Code.
237Except to the extent prohibited by statute or regulation, such description must
238be sufficiently detailed for a recipient of ordinary skill to be able to
239understand it.
240
2415. Application of this License.
242This License applies to code to which the Initial Developer has attached the
243notice in Exhibit A and to related Covered Code.
244
2456. Versions of the License.
2466.1. New Versions.
247SugarCRM Inc. (''SugarCRM'') may publish revised and/or new versions of the
248License from time to time. Each version will be given a distinguishing version
249number.
2506.2. Effect of New Versions.
251Once Covered Code has been published under a particular version of the License,
252You may always continue to use it under the terms of that version. You may also
253choose to use such Covered Code under the terms of any subsequent version of
254the License published by SugarCRM. No one other than SugarCRM has the right to
255modify the terms applicable to Covered Code created under this License.
256
2576.3. Derivative Works.
258If You create or use a modified version of this License (which you may only do
259in order to apply it to code which is not already Covered Code governed by this
260License), You must (a) rename Your license so that the phrases ''SugarCRM'',
261''SPL'' or any confusingly similar phrase do not appear in your license (except
262to note that your license differs from this License) and (b) otherwise make it
263clear that Your version of the license contains terms which differ from the
264SugarCRM Public License. (Filling in the name of the Initial Developer,
265Original Code or Contributor in the notice described in Exhibit A shall not of
266themselves be deemed to be modifications of this License.)
267
2687. DISCLAIMER OF WARRANTY.
269COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
270WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
271LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
272FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
273QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED
274CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
275OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
276CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
277LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
278DISCLAIMER.
279
2808. TERMINATION.
2818.1. This License and the rights granted hereunder will terminate automatically
282if You fail to comply with terms herein and fail to cure such breach within 30
283days of becoming aware of the breach. All sublicenses to the Covered Code which
284are properly granted shall survive any termination of this License. Provisions
285which, by their nature, must remain in effect beyond the termination of this
286License shall survive.
2878.2. If You initiate litigation by asserting a patent infringement claim
288(excluding declatory judgment actions) against Initial Developer or a
289Contributor (the Initial Developer or Contributor against whom You file such
290action is referred to as "Participant") alleging that:
291
292(a) such Participant's Contributor Version directly or indirectly infringes any
293patent, then any and all rights granted by such Participant to You under
294Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
295Participant terminate prospectively, unless if within 60 days after receipt of
296notice You either: (i) agree in writing to pay Participant a mutually agreeable
297reasonable royalty for Your past and future use of Modifications made by such
298Participant, or (ii) withdraw Your litigation claim with respect to the
299Contributor Version against such Participant. If within 60 days of notice, a
300reasonable royalty and payment arrangement are not mutually agreed upon in
301writing by the parties or the litigation claim is not withdrawn, the rights
302granted by Participant to You under Sections 2.1 and/or 2.2 automatically
303terminate at the expiration of the 60 day notice period specified above.
304
305(b) any software, hardware, or device, other than such Participant's
306Contributor Version, directly or indirectly infringes any patent, then any
307rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are
308revoked effective as of the date You first made, used, sold, distributed, or
309had made, Modifications made by that Participant.
310
3118.3. If You assert a patent infringement claim against Participant alleging
312that such Participant's Contributor Version directly or indirectly infringes
313any patent where such claim is resolved (such as by license or settlement)
314prior to the initiation of patent infringement litigation, then the reasonable
315value of the licenses granted by such Participant under Sections 2.1 or 2.2
316shall be taken into account in determining the amount or value of any payment
317or license.
318
3198.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
320license agreements (excluding distributors and resellers) which have been
321validly granted by You or any distributor hereunder prior to termination shall
322survive termination.
323
3249. LIMITATION OF LIABILITY.
325UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
326NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
327OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY
328OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
329OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
330DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
331OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
332HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
333LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
334FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
335LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
336INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
337APPLY TO YOU.
338
33910. U.S. GOVERNMENT END USERS.
340The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R.
3412.101 (Oct. 1995), consisting of ''commercial computer software'' and
342''commercial computer software documentation,'' as such terms are used in 48
343C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
344227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users
345acquire Covered Code with only those rights set forth herein.
346
34711. MISCELLANEOUS.
348This License represents the complete agreement concerning subject matter
349hereof. If any provision of this License is held to be unenforceable, such
350provision shall be reformed only to the extent necessary to make it
351enforceable. This License shall be governed by California law provisions
352(except to the extent applicable law, if any, provides otherwise), excluding
353its conflict-of-law provisions. With respect to disputes in which at least one
354party is a citizen of, or an entity chartered or registered to do business in
355the United States of America, any litigation relating to this License shall be
356subject to the jurisdiction of the Federal Courts of the Northern District of
357California, with venue lying in Santa Clara County, California, with the losing
358party responsible for costs, including without limitation, court costs and
359reasonable attorneys' fees and expenses. The application of the United Nations
360Convention on Contracts for the International Sale of Goods is expressly
361excluded. Any law or regulation which provides that the language of a contract
362shall be construed against the drafter shall not apply to this License.
363
36412. RESPONSIBILITY FOR CLAIMS.
365As between Initial Developer and the Contributors, each party is responsible
366for claims and damages arising, directly or indirectly, out of its utilization
367of rights under this License and You agree to work with Initial Developer and
368Contributors to distribute such responsibility on an equitable basis. Nothing
369herein is intended or shall be deemed to constitute any admission of liability.
370
37113. MULTIPLE-LICENSED CODE.
372Initial Developer may designate portions of the Covered Code as
373"Multiple-Licensed". "Multiple-Licensed" means that the
374Initial Developer permits you to utilize portions of the Covered Code under
375Your choice of the SPL or the alternative licenses, if any, specified by the
376Initial Developer in the file described in Exhibit A.
377SugarCRM Public License 1.1.3 - Exhibit A
378
379The contents of this file are subject to the SugarCRM Public License Version
3801.1.3
381("License"); You may not use this file except in compliance with the
382License. You may obtain a copy of the License at http://www.sugarcrm.com/SPL
383Software distributed under the License is distributed on an "AS IS"
384basis,
385WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
386the specific language governing rights and limitations under the License.
387
388The Original Code is: SugarCRM Open Source
389
390The Initial Developer of the Original Code is SugarCRM, Inc.
391Portions created by SugarCRM are Copyright (C) 2004 SugarCRM, Inc.;
392All Rights Reserved.
393Contributor(s): ______________________________________.
394[NOTE: The text of this Exhibit A may differ slightly from the text of the
395notices in the Source Code files of the Original Code. You should use the text
396of this Exhibit A rather than the text found in the Original Code Source Code
397for Your Modifications.]
398
399SugarCRM Public License 1.1.3 - Exhibit B
400
401Additional Terms applicable to the SugarCRM Public License.
402
403I. Effect.
404These additional terms described in this SugarCRM Public License –
405Additional Terms shall apply to the Covered Code under this License.
406
407II. SugarCRM and logo.
408This License does not grant any rights to use the trademarks
409"SugarCRM" and the "SugarCRM" logos even if such marks are
410included in the Original Code or Modifications.
411
412However, in addition to the other notice obligations, all copies of the Covered
413Code in Executable and Source Code form distributed must, as a form of
414attribution of the original author, include on each user interface screen (i)
415the "Powered by SugarCRM" logo and (ii) the copyright notice in the
416same form as the latest version of the Covered Code distributed by SugarCRM,
417Inc. at the time of distribution of such copy. In addition, the "Powered
418by SugarCRM" logo must be visible to all users and be located at the very
419bottom center of each user interface screen. Notwithstanding the above, the
420dimensions of the "Powered By SugarCRM" logo must be at least 106 x
42123 pixels. When users click on the "Powered by SugarCRM" logo it must
422direct them back to http://www.sugarforge.org. In addition, the copyright
423notice must remain visible to all users at all times at the bottom of the user
424interface screen. When users click on the copyright notice, it must direct them
425back to http://www.sugarcrm.com
426
427
428
429
430
431