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| 1 | |||
| 2 | SUGARCRM PUBLIC LICENSE | ||
| 3 | |||
| 4 | Version 1.1.3 | ||
| 5 | |||
| 6 | The SugarCRM Public License Version ("SPL") consists of the Mozilla | ||
| 7 | Public License Version 1.1, modified to be specific to SugarCRM, with the | ||
| 8 | Additional Terms in Exhibit B. The original Mozilla Public License 1.1 can be | ||
| 9 | found at: http://www.mozilla.org/MPL/MPL-1.1.html | ||
| 10 | |||
| 11 | |||
| 12 | 1. Definitions. | ||
| 13 | |||
| 14 | 1.0.1. "Commercial Use" means distribution or otherwise making the | ||
| 15 | Covered Code available to a third party. | ||
| 16 | 1.1. ''Contributor'' means each entity that creates or contributes to the | ||
| 17 | creation of Modifications. | ||
| 18 | |||
| 19 | 1.2. ''Contributor Version'' means the combination of the Original Code, prior | ||
| 20 | Modifications used by a Contributor, and the Modifications made by that | ||
| 21 | particular Contributor. | ||
| 22 | |||
| 23 | 1.3. ''Covered Code'' means the Original Code or Modifications or the | ||
| 24 | combination of the Original Code and Modifications, in each case including | ||
| 25 | portions thereof. | ||
| 26 | |||
| 27 | 1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted | ||
| 28 | in the software development community for the electronic transfer of data. | ||
| 29 | |||
| 30 | 1.5. ''Executable'' means Covered Code in any form other than Source Code. | ||
| 31 | |||
| 32 | 1.6. ''Initial Developer'' means the individual or entity identified as the | ||
| 33 | Initial Developer in the Source Code notice required by Exhibit A. | ||
| 34 | |||
| 35 | 1.7. ''Larger Work'' means a work which combines Covered Code or portions | ||
| 36 | thereof with code not governed by the terms of this License. | ||
| 37 | |||
| 38 | 1.8. ''License'' means this document. | ||
| 39 | |||
| 40 | 1.8.1. "Licensable" means having the right to grant, to the maximum | ||
| 41 | extent possible, whether at the time of the initial grant or subsequently | ||
| 42 | acquired, any and all of the rights conveyed herein. | ||
| 43 | |||
| 44 | 1.9. ''Modifications'' means any addition to or deletion from the substance or | ||
| 45 | structure of either the Original Code or any previous Modifications. When | ||
| 46 | Covered Code is released as a series of files, a Modification is: | ||
| 47 | |||
| 48 | A. Any addition to or deletion from the contents of a file containing Original | ||
| 49 | Code or previous Modifications. | ||
| 50 | B. Any new file that contains any part of the Original Code or previous | ||
| 51 | Modifications. | ||
| 52 | 1.10. ''Original Code'' means Source Code of computer software code which is | ||
| 53 | described in the Source Code notice required by Exhibit A as Original Code, and | ||
| 54 | which, at the time of its release under this License is not already Covered | ||
| 55 | Code governed by this License. | ||
| 56 | 1.10.1. "Patent Claims" means any patent claim(s), now owned or | ||
| 57 | hereafter acquired, including without limitation, method, process, and | ||
| 58 | apparatus claims, in any patent Licensable by grantor. | ||
| 59 | |||
| 60 | 1.11. ''Source Code'' means the preferred form of the Covered Code for making | ||
| 61 | modifications to it, including all modules it contains, plus any associated | ||
| 62 | interface definition files, scripts used to control compilation and | ||
| 63 | installation of an Executable, or source code differential comparisons against | ||
| 64 | either the Original Code or another well known, available Covered Code of the | ||
| 65 | Contributor's choice. The Source Code can be in a compressed or archival form, | ||
| 66 | provided the appropriate decompression or de-archiving software is widely | ||
| 67 | available for no charge. | ||
| 68 | |||
| 69 | 1.12. "You'' (or "Your") means an individual or a legal entity | ||
| 70 | exercising rights under, and complying with all of the terms of, this License | ||
| 71 | or a future version of this License issued under Section 6.1. For legal | ||
| 72 | entities, "You'' includes any entity which controls, is controlled by, or | ||
| 73 | is under common control with You. For purposes of this definition, | ||
| 74 | "control'' means (a) the power, direct or indirect, to cause the direction | ||
| 75 | or management of such entity, whether by contract or otherwise, or (b) | ||
| 76 | ownership of more than fifty percent (50%) of the outstanding shares or | ||
| 77 | beneficial ownership of such entity. | ||
| 78 | |||
| 79 | 2. Source Code License. | ||
| 80 | 2.1. The Initial Developer Grant. | ||
| 81 | The Initial Developer hereby grants You a world-wide, royalty-free, non- | ||
| 82 | exclusive license, subject to third party intellectual property claims: | ||
| 83 | (a) under intellectual property rights (other than patent or trademark) | ||
| 84 | Licensable by Initial Developer to use, reproduce, modify, display, perform, | ||
| 85 | sublicense and distribute the Original Code (or portions thereof) with or | ||
| 86 | without Modifications, and/or as part of a Larger Work; and | ||
| 87 | (b) under Patents Claims infringed by the making, using or selling of Original | ||
| 88 | Code, to make, have made, use, practice, sell, and offer for sale, and/or | ||
| 89 | otherwise 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 | ||
| 92 | date Initial Developer first distributes Original Code under the terms of this | ||
| 93 | License. | ||
| 94 | (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for | ||
| 95 | code that You delete from the Original Code; 2) separate from the Original | ||
| 96 | Code; or 3) for infringements caused by: i) the modification of the Original | ||
| 97 | Code or ii) the combination of the Original Code with other software or | ||
| 98 | devices. | ||
| 99 | 2.2. Contributor Grant. | ||
| 100 | Subject to third party intellectual property claims, each Contributor hereby | ||
| 101 | grants You a world-wide, royalty-free, non-exclusive license | ||
| 102 | |||
| 103 | (a) under intellectual property rights (other than patent or trademark) | ||
| 104 | Licensable by Contributor, to use, reproduce, modify, display, perform, | ||
| 105 | sublicense and distribute the Modifications created by such Contributor (or | ||
| 106 | portions thereof) either on an unmodified basis, with other Modifications, as | ||
| 107 | Covered Code and/or as part of a Larger Work; and | ||
| 108 | (b) under Patent Claims infringed by the making, using, or selling of | ||
| 109 | Modifications made by that Contributor either alone and/or in combination with | ||
| 110 | its Contributor Version (or portions of such combination), to make, use, sell, | ||
| 111 | offer for sale, have made, and/or otherwise dispose of: 1) Modifications made | ||
| 112 | by that Contributor (or portions thereof); and 2) the combination of | ||
| 113 | Modifications made by that Contributor with its Contributor Version (or | ||
| 114 | portions of such combination). | ||
| 115 | |||
| 116 | (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the | ||
| 117 | date 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 | ||
| 120 | any code that Contributor has deleted from the Contributor Version; 2) separate | ||
| 121 | from the Contributor Version; 3) for infringements caused by: i) third party | ||
| 122 | modifications of Contributor Version or ii) the combination of Modifications | ||
| 123 | made by that Contributor with other software (except as part of the Contributor | ||
| 124 | Version) or other devices; or 4) under Patent Claims infringed by Covered Code | ||
| 125 | in the absence of Modifications made by that Contributor. | ||
| 126 | |||
| 127 | |||
| 128 | 3. Distribution Obligations. | ||
| 129 | |||
| 130 | 3.1. Application of License. | ||
| 131 | The Modifications which You create or to which You contribute are governed by | ||
| 132 | the terms of this License, including without limitation Section 2.2. The Source | ||
| 133 | Code version of Covered Code may be distributed only under the terms of this | ||
| 134 | License or a future version of this License released under Section 6.1, and You | ||
| 135 | must include a copy of this License with every copy of the Source Code You | ||
| 136 | distribute. You may not offer or impose any terms on any Source Code version | ||
| 137 | that alters or restricts the applicable version of this License or the | ||
| 138 | recipients' rights hereunder. However, You may include an additional document | ||
| 139 | offering the additional rights described in Section 3.5. | ||
| 140 | 3.2. Availability of Source Code. | ||
| 141 | Any Modification which You create or to which You contribute must be made | ||
| 142 | available in Source Code form under the terms of this License either on the | ||
| 143 | same media as an Executable version or via an accepted Electronic Distribution | ||
| 144 | Mechanism to anyone to whom you made an Executable version available; and if | ||
| 145 | made available via Electronic Distribution Mechanism, must remain available for | ||
| 146 | at least twelve (12) months after the date it initially became available, or at | ||
| 147 | least six (6) months after a subsequent version of that particular Modification | ||
| 148 | has been made available to such recipients. You are responsible for ensuring | ||
| 149 | that the Source Code version remains available even if the Electronic | ||
| 150 | Distribution Mechanism is maintained by a third party. | ||
| 151 | |||
| 152 | 3.3. Description of Modifications. | ||
| 153 | You must cause all Covered Code to which You contribute to contain a file | ||
| 154 | documenting the changes You made to create that Covered Code and the date of | ||
| 155 | any change. You must include a prominent statement that the Modification is | ||
| 156 | derived, directly or indirectly, from Original Code provided by the Initial | ||
| 157 | Developer and including the name of the Initial Developer in (a) the Source | ||
| 158 | Code, and (b) in any notice in an Executable version or related documentation | ||
| 159 | in which You describe the origin or ownership of the Covered Code. | ||
| 160 | |||
| 161 | 3.4. Intellectual Property Matters | ||
| 162 | |||
| 163 | (a) Third Party Claims. | ||
| 164 | If Contributor has knowledge that a license under a third party's intellectual | ||
| 165 | property rights is required to exercise the rights granted by such Contributor | ||
| 166 | under Sections 2.1 or 2.2, Contributor must include a text file with the Source | ||
| 167 | Code distribution titled "LEGAL'' which describes the claim and the party | ||
| 168 | making the claim in sufficient detail that a recipient will know whom to | ||
| 169 | contact. If Contributor obtains such knowledge after the Modification is made | ||
| 170 | available as described in Section 3.2, Contributor shall promptly modify the | ||
| 171 | LEGAL file in all copies Contributor makes available thereafter and shall take | ||
| 172 | other steps (such as notifying appropriate mailing lists or newsgroups) | ||
| 173 | reasonably calculated to inform those who received the Covered Code that new | ||
| 174 | knowledge has been obtained. | ||
| 175 | (b) Contributor APIs. | ||
| 176 | If Contributor's Modifications include an application programming interface and | ||
| 177 | Contributor has knowledge of patent licenses which are reasonably necessary to | ||
| 178 | implement that API, Contributor must also include this information in the LEGAL | ||
| 179 | file. | ||
| 180 | (c) Representations. | ||
| 181 | Contributor represents that, except as disclosed pursuant to Section 3.4(a) | ||
| 182 | above, Contributor believes that Contributor's Modifications are Contributor's | ||
| 183 | original creation(s) and/or Contributor has sufficient rights to grant the | ||
| 184 | rights conveyed by this License. | ||
| 185 | |||
| 186 | 3.5. Required Notices. | ||
| 187 | You must duplicate the notice in Exhibit A in each file of the Source Code. If | ||
| 188 | it is not possible to put such notice in a particular Source Code file due to | ||
| 189 | its structure, then You must include such notice in a location (such as a | ||
| 190 | relevant directory) where a user would be likely to look for such a notice. If | ||
| 191 | You created one or more Modification(s) You may add your name as a Contributor | ||
| 192 | to the notice described in Exhibit A. You must also duplicate this License in | ||
| 193 | any documentation for the Source Code where You describe recipients' rights or | ||
| 194 | ownership rights relating to Covered Code. You may choose to offer, and to | ||
| 195 | charge a fee for, warranty, support, indemnity or liability obligations to one | ||
| 196 | or more recipients of Covered Code. However, You may do so only on Your own | ||
| 197 | behalf, and not on behalf of the Initial Developer or any Contributor. You must | ||
| 198 | make it absolutely clear than any such warranty, support, indemnity or | ||
| 199 | liability obligation is offered by You alone, and You hereby agree to indemnify | ||
| 200 | the Initial Developer and every Contributor for any liability incurred by the | ||
| 201 | Initial Developer or such Contributor as a result of warranty, support, | ||
| 202 | indemnity or liability terms You offer. | ||
| 203 | |||
| 204 | 3.6. Distribution of Executable Versions. | ||
| 205 | You may distribute Covered Code in Executable form only if the requirements of | ||
| 206 | Section 3.1-3.5 have been met for that Covered Code, and if You include a | ||
| 207 | notice stating that the Source Code version of the Covered Code is available | ||
| 208 | under the terms of this License, including a description of how and where You | ||
| 209 | have fulfilled the obligations of Section 3.2. The notice must be conspicuously | ||
| 210 | included in any notice in an Executable version, related documentation or | ||
| 211 | collateral in which You describe recipients' rights relating to the Covered | ||
| 212 | Code. You may distribute the Executable version of Covered Code or ownership | ||
| 213 | rights under a license of Your choice, which may contain terms different from | ||
| 214 | this License, provided that You are in compliance with the terms of this | ||
| 215 | License and that the license for the Executable version does not attempt to | ||
| 216 | limit or alter the recipient's rights in the Source Code version from the | ||
| 217 | rights set forth in this License. If You distribute the Executable version | ||
| 218 | under a different license You must make it absolutely clear that any terms | ||
| 219 | which differ from this License are offered by You alone, not by the Initial | ||
| 220 | Developer or any Contributor. You hereby agree to indemnify the Initial | ||
| 221 | Developer and every Contributor for any liability incurred by the Initial | ||
| 222 | Developer or such Contributor as a result of any such terms You offer. | ||
| 223 | |||
| 224 | 3.7. Larger Works. | ||
| 225 | You may create a Larger Work by combining Covered Code with other code not | ||
| 226 | governed by the terms of this License and distribute the Larger Work as a | ||
| 227 | single product. In such a case, You must make sure the requirements of this | ||
| 228 | License are fulfilled for the Covered Code. | ||
| 229 | |||
| 230 | 4. Inability to Comply Due to Statute or Regulation. | ||
| 231 | If it is impossible for You to comply with any of the terms of this License | ||
| 232 | with respect to some or all of the Covered Code due to statute, judicial order, | ||
| 233 | or regulation then You must: (a) comply with the terms of this License to the | ||
| 234 | maximum extent possible; and (b) describe the limitations and the code they | ||
| 235 | affect. Such description must be included in the LEGAL file described in | ||
| 236 | Section 3.4 and must be included with all distributions of the Source Code. | ||
| 237 | Except to the extent prohibited by statute or regulation, such description must | ||
| 238 | be sufficiently detailed for a recipient of ordinary skill to be able to | ||
| 239 | understand it. | ||
| 240 | |||
| 241 | 5. Application of this License. | ||
| 242 | This License applies to code to which the Initial Developer has attached the | ||
| 243 | notice in Exhibit A and to related Covered Code. | ||
| 244 | |||
| 245 | 6. Versions of the License. | ||
| 246 | 6.1. New Versions. | ||
| 247 | SugarCRM Inc. (''SugarCRM'') may publish revised and/or new versions of the | ||
| 248 | License from time to time. Each version will be given a distinguishing version | ||
| 249 | number. | ||
| 250 | 6.2. Effect of New Versions. | ||
| 251 | Once Covered Code has been published under a particular version of the License, | ||
| 252 | You may always continue to use it under the terms of that version. You may also | ||
| 253 | choose to use such Covered Code under the terms of any subsequent version of | ||
| 254 | the License published by SugarCRM. No one other than SugarCRM has the right to | ||
| 255 | modify the terms applicable to Covered Code created under this License. | ||
| 256 | |||
| 257 | 6.3. Derivative Works. | ||
| 258 | If You create or use a modified version of this License (which you may only do | ||
| 259 | in order to apply it to code which is not already Covered Code governed by this | ||
| 260 | License), 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 | ||
| 262 | to note that your license differs from this License) and (b) otherwise make it | ||
| 263 | clear that Your version of the license contains terms which differ from the | ||
| 264 | SugarCRM Public License. (Filling in the name of the Initial Developer, | ||
| 265 | Original Code or Contributor in the notice described in Exhibit A shall not of | ||
| 266 | themselves be deemed to be modifications of this License.) | ||
| 267 | |||
| 268 | 7. DISCLAIMER OF WARRANTY. | ||
| 269 | COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT | ||
| 270 | WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT | ||
| 271 | LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, | ||
| 272 | FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE | ||
| 273 | QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED | ||
| 274 | CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY | ||
| 275 | OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR | ||
| 276 | CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS | ||
| 277 | LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS | ||
| 278 | DISCLAIMER. | ||
| 279 | |||
| 280 | 8. TERMINATION. | ||
| 281 | 8.1. This License and the rights granted hereunder will terminate automatically | ||
| 282 | if You fail to comply with terms herein and fail to cure such breach within 30 | ||
| 283 | days of becoming aware of the breach. All sublicenses to the Covered Code which | ||
| 284 | are properly granted shall survive any termination of this License. Provisions | ||
| 285 | which, by their nature, must remain in effect beyond the termination of this | ||
| 286 | License shall survive. | ||
| 287 | 8.2. If You initiate litigation by asserting a patent infringement claim | ||
| 288 | (excluding declatory judgment actions) against Initial Developer or a | ||
| 289 | Contributor (the Initial Developer or Contributor against whom You file such | ||
| 290 | action is referred to as "Participant") alleging that: | ||
| 291 | |||
| 292 | (a) such Participant's Contributor Version directly or indirectly infringes any | ||
| 293 | patent, then any and all rights granted by such Participant to You under | ||
| 294 | Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from | ||
| 295 | Participant terminate prospectively, unless if within 60 days after receipt of | ||
| 296 | notice You either: (i) agree in writing to pay Participant a mutually agreeable | ||
| 297 | reasonable royalty for Your past and future use of Modifications made by such | ||
| 298 | Participant, or (ii) withdraw Your litigation claim with respect to the | ||
| 299 | Contributor Version against such Participant. If within 60 days of notice, a | ||
| 300 | reasonable royalty and payment arrangement are not mutually agreed upon in | ||
| 301 | writing by the parties or the litigation claim is not withdrawn, the rights | ||
| 302 | granted by Participant to You under Sections 2.1 and/or 2.2 automatically | ||
| 303 | terminate at the expiration of the 60 day notice period specified above. | ||
| 304 | |||
| 305 | (b) any software, hardware, or device, other than such Participant's | ||
| 306 | Contributor Version, directly or indirectly infringes any patent, then any | ||
| 307 | rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are | ||
| 308 | revoked effective as of the date You first made, used, sold, distributed, or | ||
| 309 | had made, Modifications made by that Participant. | ||
| 310 | |||
| 311 | 8.3. If You assert a patent infringement claim against Participant alleging | ||
| 312 | that such Participant's Contributor Version directly or indirectly infringes | ||
| 313 | any patent where such claim is resolved (such as by license or settlement) | ||
| 314 | prior to the initiation of patent infringement litigation, then the reasonable | ||
| 315 | value of the licenses granted by such Participant under Sections 2.1 or 2.2 | ||
| 316 | shall be taken into account in determining the amount or value of any payment | ||
| 317 | or license. | ||
| 318 | |||
| 319 | 8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user | ||
| 320 | license agreements (excluding distributors and resellers) which have been | ||
| 321 | validly granted by You or any distributor hereunder prior to termination shall | ||
| 322 | survive termination. | ||
| 323 | |||
| 324 | 9. LIMITATION OF LIABILITY. | ||
| 325 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING | ||
| 326 | NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY | ||
| 327 | OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY | ||
| 328 | OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, | ||
| 329 | OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, | ||
| 330 | DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, | ||
| 331 | OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL | ||
| 332 | HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF | ||
| 333 | LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING | ||
| 334 | FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH | ||
| 335 | LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF | ||
| 336 | INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT | ||
| 337 | APPLY TO YOU. | ||
| 338 | |||
| 339 | 10. U.S. GOVERNMENT END USERS. | ||
| 340 | The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. | ||
| 341 | 2.101 (Oct. 1995), consisting of ''commercial computer software'' and | ||
| 342 | ''commercial computer software documentation,'' as such terms are used in 48 | ||
| 343 | C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. | ||
| 344 | 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users | ||
| 345 | acquire Covered Code with only those rights set forth herein. | ||
| 346 | |||
| 347 | 11. MISCELLANEOUS. | ||
| 348 | This License represents the complete agreement concerning subject matter | ||
| 349 | hereof. If any provision of this License is held to be unenforceable, such | ||
| 350 | provision shall be reformed only to the extent necessary to make it | ||
| 351 | enforceable. This License shall be governed by California law provisions | ||
| 352 | (except to the extent applicable law, if any, provides otherwise), excluding | ||
| 353 | its conflict-of-law provisions. With respect to disputes in which at least one | ||
| 354 | party is a citizen of, or an entity chartered or registered to do business in | ||
| 355 | the United States of America, any litigation relating to this License shall be | ||
| 356 | subject to the jurisdiction of the Federal Courts of the Northern District of | ||
| 357 | California, with venue lying in Santa Clara County, California, with the losing | ||
| 358 | party responsible for costs, including without limitation, court costs and | ||
| 359 | reasonable attorneys' fees and expenses. The application of the United Nations | ||
| 360 | Convention on Contracts for the International Sale of Goods is expressly | ||
| 361 | excluded. Any law or regulation which provides that the language of a contract | ||
| 362 | shall be construed against the drafter shall not apply to this License. | ||
| 363 | |||
| 364 | 12. RESPONSIBILITY FOR CLAIMS. | ||
| 365 | As between Initial Developer and the Contributors, each party is responsible | ||
| 366 | for claims and damages arising, directly or indirectly, out of its utilization | ||
| 367 | of rights under this License and You agree to work with Initial Developer and | ||
| 368 | Contributors to distribute such responsibility on an equitable basis. Nothing | ||
| 369 | herein is intended or shall be deemed to constitute any admission of liability. | ||
| 370 | |||
| 371 | 13. MULTIPLE-LICENSED CODE. | ||
| 372 | Initial Developer may designate portions of the Covered Code as | ||
| 373 | "Multiple-Licensed". "Multiple-Licensed" means that the | ||
| 374 | Initial Developer permits you to utilize portions of the Covered Code under | ||
| 375 | Your choice of the SPL or the alternative licenses, if any, specified by the | ||
| 376 | Initial Developer in the file described in Exhibit A. | ||
| 377 | SugarCRM Public License 1.1.3 - Exhibit A | ||
| 378 | |||
| 379 | The contents of this file are subject to the SugarCRM Public License Version | ||
| 380 | 1.1.3 | ||
| 381 | ("License"); You may not use this file except in compliance with the | ||
| 382 | License. You may obtain a copy of the License at http://www.sugarcrm.com/SPL | ||
| 383 | Software distributed under the License is distributed on an "AS IS" | ||
| 384 | basis, | ||
| 385 | WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for | ||
| 386 | the specific language governing rights and limitations under the License. | ||
| 387 | |||
| 388 | The Original Code is: SugarCRM Open Source | ||
| 389 | |||
| 390 | The Initial Developer of the Original Code is SugarCRM, Inc. | ||
| 391 | Portions created by SugarCRM are Copyright (C) 2004 SugarCRM, Inc.; | ||
| 392 | All Rights Reserved. | ||
| 393 | Contributor(s): ______________________________________. | ||
| 394 | [NOTE: The text of this Exhibit A may differ slightly from the text of the | ||
| 395 | notices in the Source Code files of the Original Code. You should use the text | ||
| 396 | of this Exhibit A rather than the text found in the Original Code Source Code | ||
| 397 | for Your Modifications.] | ||
| 398 | |||
| 399 | SugarCRM Public License 1.1.3 - Exhibit B | ||
| 400 | |||
| 401 | Additional Terms applicable to the SugarCRM Public License. | ||
| 402 | |||
| 403 | I. Effect. | ||
| 404 | These additional terms described in this SugarCRM Public License – | ||
| 405 | Additional Terms shall apply to the Covered Code under this License. | ||
| 406 | |||
| 407 | II. SugarCRM and logo. | ||
| 408 | This License does not grant any rights to use the trademarks | ||
| 409 | "SugarCRM" and the "SugarCRM" logos even if such marks are | ||
| 410 | included in the Original Code or Modifications. | ||
| 411 | |||
| 412 | However, in addition to the other notice obligations, all copies of the Covered | ||
| 413 | Code in Executable and Source Code form distributed must, as a form of | ||
| 414 | attribution of the original author, include on each user interface screen (i) | ||
| 415 | the "Powered by SugarCRM" logo and (ii) the copyright notice in the | ||
| 416 | same form as the latest version of the Covered Code distributed by SugarCRM, | ||
| 417 | Inc. at the time of distribution of such copy. In addition, the "Powered | ||
| 418 | by SugarCRM" logo must be visible to all users and be located at the very | ||
| 419 | bottom center of each user interface screen. Notwithstanding the above, the | ||
| 420 | dimensions of the "Powered By SugarCRM" logo must be at least 106 x | ||
| 421 | 23 pixels. When users click on the "Powered by SugarCRM" logo it must | ||
| 422 | direct them back to http://www.sugarforge.org. In addition, the copyright | ||
| 423 | notice must remain visible to all users at all times at the bottom of the user | ||
| 424 | interface screen. When users click on the copyright notice, it must direct them | ||
| 425 | back to http://www.sugarcrm.com | ||
| 426 | |||
| 427 | |||
| 428 | |||
| 429 | |||
| 430 | |||
| 431 | |||
