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-
-Zimbra Public License, Version 1.3 (ZPL)
-This Zimbra Public License (this "Agreement") is a legal agreement
-that describes the terms under which VMware, Inc., a Delaware corporation
-having its principal place of business at 3401 Hillview Avenue, Palo Alto,
-California 94304 ("VMware") will provide software to you via download
-or otherwise ("Software"). By using the Software, you, an individual
-or an entity ("You") agree to the terms of this Agreement.
-
-In consideration of the mutual promises and upon the terms and conditions set
-forth below, the parties agree as follows:
-
-1. Grant of Copyright License
-1.1 - Subject to the terms and conditions of this Agreement, VMware hereby
-grants to You, under any and all of its copyright interest in and to the
-Software, a royalty-free, non-exclusive, non-transferable license to copy,
-modify, compile, execute, and distribute the Software and Modifications. For
-the purposes of this Agreement, any change to, addition to, or abridgement of
-the Software made by You is a "Modification;" however, any file You
-add to the Software that does not contain any part of the Software is not a
-"Modification."
-1.2 - If You are an individual acting on behalf of a corporation or other
-entity, Your use of the Software or any Modification is subject to Your having
-the authority to bind such corporation or entity to this Agreement. Providing
-copies to persons within such corporation or entity is not considered
-distribution for purposes of this Agreement.
-1.3 - For the Software or any Modification You distribute in source code
-format, You must do so only under the terms of this Agreement, and You must
-include a complete copy of this Agreement with Your distribution. With respect
-to any Modification You distribute in source code format, the terms of this
-Agreement will apply to You in the same way those terms apply to VMware with
-respect to the Software. In other words, when You are distributing
-Modifications under this Agreement, You "stand in the shoes" of
-VMware in terms of the rights You grant and how the terms and conditions apply
-to You and the licensees of Your Modifications. Notwithstanding the foregoing,
-when You "stand in the shoes" of VMware, You are not subject to the
-jurisdiction provision under Section 7, which requires all disputes under this
-Agreement to be subject to the jurisdiction of federal or state courts of
-northern California.
-1.4 - For the Software or any Modification You distribute in compiled or object
-code format, You must also provide recipients with access to the Software or
-Modification in source code format along with a complete copy of this
-Agreement. The distribution of the Software or Modifications in compiled or
-object code format may be under a license of Your choice, provided that You are
-in compliance with the terms of this Agreement. In addition, You must make
-absolutely clear that any license terms applying to such Software or
-Modification that differ from this Agreement are offered by You alone and not
-by VMware, and that such license does not restrict recipients from exercising
-rights in the source code to the Software granted by VMware under this
-Agreement or rights in the source code to any Modification granted by You as
-described in Section 1.3.
-1.5 - This Agreement does not limit Your right to distribute files that are
-entirely Your own work (i.e., which do not incorporate any portion of the
-Software and are not Modifications) under any terms You choose.
-2. Support
-VMware has no obligation to provide technical support or updates to You.
-Nothing in this Agreement requires VMware to enter into any license with You
-for any other edition of the Software.
-3. Intellectual Property Rights
-3.1 - Except for the license expressly granted under copyright in Section 1.1,
-no rights, licenses or forbearances are granted or may arise in relation to
-this Agreement whether expressly, by implication, exhaustion, estoppel or
-otherwise. All rights, including all intellectual property rights, that are not
-expressly granted under this Agreement are hereby reserved.
-3.2 - In any copy of the Software or in any Modification you create, You must
-retain and reproduce, any and all copyright, patent, trademark, and attribution
-notices that are included in the Software in the same form as they appear in
-the Software. This includes the preservation of attribution notices in the form
-of trademarks or logos that exist within a user interface of the Software.
-3.3 - This license does not grant You rights to use any party's name, logo, or
-trademarks, except solely as necessary to comply with Section 3.2.
-4. Disclaimer of Warranties
-THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
-VMWARE MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR
-RELATING TO THE SOFTWARE. SPECIFICALLY, VMWARE DOES NOT WARRANT THAT THE
-SOFTWARE WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE
-GREATEST EXTENT ALLOWED BY LAW, VMWARE SPECIFICALLY DISCLAIMS ALL IMPLIED
-WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF VMWARE
-HAD BEEN INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE
-SOFTWARE, ANY MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE
-FOREGOING.
-5. Limitation of Liability
-IN NO EVENT WILL VMWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
-SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT
-LIMITATION LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA,
-COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE
-FURNISHING, PERFORMANCE OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED
-HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT,
-INCLUDING NEGLIGENCE, AND EVEN IF VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF
-SUCH DAMAGES.
-6. Term and Termination
-6.1 - This Agreement will continue in effect unless and until terminated
-earlier pursuant to this Section 6.
-6.2 - In the event You violate the terms of this Agreement, VMware may
-terminate this Agreement.
-6.3 - All licenses granted hereunder shall terminate upon the termination of
-this Agreement. Termination will be in addition to any rights and remedies
-available to VMware at law or equity or under this Agreement.
-6.4 - Termination of this Agreement will not affect the provisions regarding
-reservation of rights (Section 3.1), provisions disclaiming or limiting
-VMware's liability (Sections 4 and 5), Termination (Section 6) or Miscellaneous
-(Section 7), which provisions will survive termination of this Agreement.
-7. Miscellaneous
-This Agreement contains the entire agreement of the parties with respect to the
-subject matter of this Agreement and supersedes all previous communications,
-representations, understandings and agreements, either oral or written, between
-the parties with respect to said subject matter. The relationship of the
-parties hereunder is that of independent contractors, and this Agreement will
-not be construed as creating an agency, partnership, joint venture or any other
-form of legal association between the parties. If any term, condition, or
-provision in this Agreement is found to be invalid, unlawful or unenforceable
-to any extent, this Agreement will be construed in a manner that most closely
-effectuates the intent of this Agreement. Such invalid term, condition or
-provision will be severed from the remaining terms, conditions and provisions,
-which will continue to be valid and enforceable to the fullest extent permitted
-by law. This Agreement will be interpreted and construed in accordance with the
-laws of the State of California and the United States of America, without
-regard to conflict of law principles. The U.N. Convention on Contracts for the
-International Sale of Goods shall not apply to this Agreement. All disputes
-arising out of this Agreement involving VMware or any of its subsidiaries shall
-be subject to the jurisdiction of the federal or state courts of northern
-California, with venue lying in Santa Clara County, California. No rights may
-be assigned, no obligations may be delegated, and this Agreement may not be
-transferred by You, in whole or in part, whether voluntary or by operation of
-law, including by way of sale of assets, merger or consolidation, without the
-prior written consent of VMware, and any purported assignment, delegation or
-transfer without such consent shall be void ab initio. Any waiver of the
-provisions of this Agreement or of a party's rights or remedies under this
-Agreement must be in writing to be effective. Failure, neglect or delay by a
-party to enforce the provisions of this Agreement or its rights or remedies at
-any time, will not be construed or be deemed to be a waiver of such party's
-rights under this Agreement and will not in any way affect the validity of the
-whole or any part of this Agreement or prejudice such party's right to take
-subsequent action.
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