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1
2Zimbra Public License, Version 1.3 (ZPL)
3This Zimbra Public License (this "Agreement") is a legal agreement
4that describes the terms under which VMware, Inc., a Delaware corporation
5having its principal place of business at 3401 Hillview Avenue, Palo Alto,
6California 94304 ("VMware") will provide software to you via download
7or otherwise ("Software"). By using the Software, you, an individual
8or an entity ("You") agree to the terms of this Agreement.
9
10In consideration of the mutual promises and upon the terms and conditions set
11forth below, the parties agree as follows:
12
131. Grant of Copyright License
141.1 - Subject to the terms and conditions of this Agreement, VMware hereby
15grants to You, under any and all of its copyright interest in and to the
16Software, a royalty-free, non-exclusive, non-transferable license to copy,
17modify, compile, execute, and distribute the Software and Modifications. For
18the purposes of this Agreement, any change to, addition to, or abridgement of
19the Software made by You is a "Modification;" however, any file You
20add to the Software that does not contain any part of the Software is not a
21"Modification."
221.2 - If You are an individual acting on behalf of a corporation or other
23entity, Your use of the Software or any Modification is subject to Your having
24the authority to bind such corporation or entity to this Agreement. Providing
25copies to persons within such corporation or entity is not considered
26distribution for purposes of this Agreement.
271.3 - For the Software or any Modification You distribute in source code
28format, You must do so only under the terms of this Agreement, and You must
29include a complete copy of this Agreement with Your distribution. With respect
30to any Modification You distribute in source code format, the terms of this
31Agreement will apply to You in the same way those terms apply to VMware with
32respect to the Software. In other words, when You are distributing
33Modifications under this Agreement, You "stand in the shoes" of
34VMware in terms of the rights You grant and how the terms and conditions apply
35to You and the licensees of Your Modifications. Notwithstanding the foregoing,
36when You "stand in the shoes" of VMware, You are not subject to the
37jurisdiction provision under Section 7, which requires all disputes under this
38Agreement to be subject to the jurisdiction of federal or state courts of
39northern California.
401.4 - For the Software or any Modification You distribute in compiled or object
41code format, You must also provide recipients with access to the Software or
42Modification in source code format along with a complete copy of this
43Agreement. The distribution of the Software or Modifications in compiled or
44object code format may be under a license of Your choice, provided that You are
45in compliance with the terms of this Agreement. In addition, You must make
46absolutely clear that any license terms applying to such Software or
47Modification that differ from this Agreement are offered by You alone and not
48by VMware, and that such license does not restrict recipients from exercising
49rights in the source code to the Software granted by VMware under this
50Agreement or rights in the source code to any Modification granted by You as
51described in Section 1.3.
521.5 - This Agreement does not limit Your right to distribute files that are
53entirely Your own work (i.e., which do not incorporate any portion of the
54Software and are not Modifications) under any terms You choose.
552. Support
56VMware has no obligation to provide technical support or updates to You.
57Nothing in this Agreement requires VMware to enter into any license with You
58for any other edition of the Software.
593. Intellectual Property Rights
603.1 - Except for the license expressly granted under copyright in Section 1.1,
61no rights, licenses or forbearances are granted or may arise in relation to
62this Agreement whether expressly, by implication, exhaustion, estoppel or
63otherwise. All rights, including all intellectual property rights, that are not
64expressly granted under this Agreement are hereby reserved.
653.2 - In any copy of the Software or in any Modification you create, You must
66retain and reproduce, any and all copyright, patent, trademark, and attribution
67notices that are included in the Software in the same form as they appear in
68the Software. This includes the preservation of attribution notices in the form
69of trademarks or logos that exist within a user interface of the Software.
703.3 - This license does not grant You rights to use any party's name, logo, or
71trademarks, except solely as necessary to comply with Section 3.2.
724. Disclaimer of Warranties
73THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
74VMWARE MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR
75RELATING TO THE SOFTWARE. SPECIFICALLY, VMWARE DOES NOT WARRANT THAT THE
76SOFTWARE WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE
77GREATEST EXTENT ALLOWED BY LAW, VMWARE SPECIFICALLY DISCLAIMS ALL IMPLIED
78WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF VMWARE
79HAD BEEN INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE
80SOFTWARE, ANY MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE
81FOREGOING.
825. Limitation of Liability
83IN NO EVENT WILL VMWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
84SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT
85LIMITATION LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA,
86COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE
87FURNISHING, PERFORMANCE OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED
88HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT,
89INCLUDING NEGLIGENCE, AND EVEN IF VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF
90SUCH DAMAGES.
916. Term and Termination
926.1 - This Agreement will continue in effect unless and until terminated
93earlier pursuant to this Section 6.
946.2 - In the event You violate the terms of this Agreement, VMware may
95terminate this Agreement.
966.3 - All licenses granted hereunder shall terminate upon the termination of
97this Agreement. Termination will be in addition to any rights and remedies
98available to VMware at law or equity or under this Agreement.
996.4 - Termination of this Agreement will not affect the provisions regarding
100reservation of rights (Section 3.1), provisions disclaiming or limiting
101VMware's liability (Sections 4 and 5), Termination (Section 6) or Miscellaneous
102(Section 7), which provisions will survive termination of this Agreement.
1037. Miscellaneous
104This Agreement contains the entire agreement of the parties with respect to the
105subject matter of this Agreement and supersedes all previous communications,
106representations, understandings and agreements, either oral or written, between
107the parties with respect to said subject matter. The relationship of the
108parties hereunder is that of independent contractors, and this Agreement will
109not be construed as creating an agency, partnership, joint venture or any other
110form of legal association between the parties. If any term, condition, or
111provision in this Agreement is found to be invalid, unlawful or unenforceable
112to any extent, this Agreement will be construed in a manner that most closely
113effectuates the intent of this Agreement. Such invalid term, condition or
114provision will be severed from the remaining terms, conditions and provisions,
115which will continue to be valid and enforceable to the fullest extent permitted
116by law. This Agreement will be interpreted and construed in accordance with the
117laws of the State of California and the United States of America, without
118regard to conflict of law principles. The U.N. Convention on Contracts for the
119International Sale of Goods shall not apply to this Agreement. All disputes
120arising out of this Agreement involving VMware or any of its subsidiaries shall
121be subject to the jurisdiction of the federal or state courts of northern
122California, with venue lying in Santa Clara County, California. No rights may
123be assigned, no obligations may be delegated, and this Agreement may not be
124transferred by You, in whole or in part, whether voluntary or by operation of
125law, including by way of sale of assets, merger or consolidation, without the
126prior written consent of VMware, and any purported assignment, delegation or
127transfer without such consent shall be void ab initio. Any waiver of the
128provisions of this Agreement or of a party's rights or remedies under this
129Agreement must be in writing to be effective. Failure, neglect or delay by a
130party to enforce the provisions of this Agreement or its rights or remedies at
131any time, will not be construed or be deemed to be a waiver of such party's
132rights under this Agreement and will not in any way affect the validity of the
133whole or any part of this Agreement or prejudice such party's right to take
134subsequent action.
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