License:CPAL-1.0

From Free Software Directory
Jump to: navigation, search
Name Common Public Attribution License (CPAL), Version 1.0
URL https://www.socialtext.net/open/cpal license in wikitext
Comment

License text

Common Public Attribution License Version 1.0 (CPAL)

1. “Definitions” 

1.0.1 “Commercial Use” means distribution or otherwise making the
Covered Code available to a third party.

1.1“Contributor” means each entity that creates or contributes to the
creation of Modifications.

1.2 “Contributor Version” means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications made
by that particular Contributor.

1.3 “Covered Code” means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.

1.4 “Electronic Distribution Mechanism” means a mechanism generally
accepted in the software development community for the electronic
transfer of data.

1.5 “Executable” means Covered Code in any form other than Source
Code.

1.6 “Initial Developer” means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit A.

1.7 “Larger Work” means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.

1.8 “License” means this document.  

1.8.1 “Licensable” means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.

1.9 “Modifications” means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is: 

A. Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.  

B. Any new file that contains any part of the Original Code or
previous Modifications.

1.10 “Original Code” means Source Code of computer software code which
is described in the Source Code notice required by Exhibit A as
Original Code, and which, at the time of its release under this
License is not already Covered Code governed by this License.  

1.10.1 “Patent Claims” means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.  

1.11 “Source Code” means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus
any associated interface definition files, scripts used to control
compilation and installation of an Executable, or source code
differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor’s choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.  

1.12 “You” (or “Your”) means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License or a future version of this License issued under Section
6.1. For legal entities, “You” includes any entity which controls, is
controlled by, or is under common control with You. For purposes of
this definition, “control” means (a) the power, direct or indirect, to
cause the direction or management of such entity, whether by contract
or otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.  

2. Source Code License.  

2.1 The Initial Developer Grant.  The Initial Developer hereby grants
You a world-wide, royalty-free, non-exclusive license, subject to
third party intellectual property claims:

(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use, reproduce, modify,
display, perform, sublicense and distribute the Original Code (or
portions thereof) with or without Modifications, and/or as part of a
Larger Work; and 

(b) under Patents Claims infringed by the making, using or selling of
Original Code, to make, have made, use, practice, sell, and offer for
sale, and/or otherwise dispose of the Original Code (or portions
thereof).

(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date Initial Developer first distributes Original
Code under the terms of this License.  

(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code; 2)
separate from the Original Code; or 3) for infringements caused by: i)
the modification of the Original Code or ii) the combination of the
Original Code with other software or devices.  

2.2 Contributor Grant.  

Subject to third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free, non-exclusive license

(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor, to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications created
by such Contributor (or portions thereof) either on an unmodified
basis, with other Modifications, as Covered Code and/or as part of a
Larger Work; and 

(b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in
combination with its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale, have made, and/or
otherwise dispose of: 1) Modifications made by that Contributor (or
portions thereof); and 2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions of such
combination).  

(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
on the date Contributor first makes Commercial Use of the Covered
Code.  (d) Notwithstanding Section 2.2(b) above, no patent license is
granted: 1) for any code that Contributor has deleted from the
Contributor Version; 2) separate from the Contributor Version; 3) for
infringements caused by: i) third party modifications of Contributor
Version or ii) the combination of Modifications made by that
Contributor with other software (except as part of the Contributor
Version) or other devices; or 4) under Patent Claims infringed by
Covered Code in the absence of Modifications made by that Contributor.

3. Distribution Obligations.  

3.1 Application of License.  The Modifications which You create or to
which You contribute are governed by the terms of this License,
including without limitation Section 2.2. The Source Code version of
Covered Code may be distributed only under the terms of this License
or a future version of this License released under Section 6.1, and
You must include a copy of this License with every copy of the Source
Code You distribute. You may not offer or impose any terms on any
Source Code version that alters or restricts the applicable version of
this License or the recipients’ rights hereunder. However, You may
include an additional document offering the additional rights
described in Section 3.5.  

3.2 Availability of Source Code.  

Any Modification which You create or to which You contribute must be
made available in Source Code form under the terms of this License
either on the same media as an Executable version or via an accepted
Electronic Distribution Mechanism to anyone to whom you made an
Executable version available; and if made available via Electronic
Distribution Mechanism, must remain available for at least twelve (12)
months after the date it initially became available, or at least six
(6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party.  

3.3 Description of Modifications.  

You must cause all Covered Code to which You contribute to contain a
file documenting the changes You made to create that Covered Code and
the date of any change. You must include a prominent statement that
the Modification is derived, directly or indirectly, from Original
Code provided by the Initial Developer and including the name of the
Initial Developer in (a) the Source Code, and (b) in any notice in an
Executable version or related documentation in which You describe the
origin or ownership of the Covered Code.  

3.4 Intellectual Property Matters 

(a) Third Party Claims.  

If Contributor has knowledge that a license under a third party’s
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2, Contributor
must include a text file with the Source Code distribution titled
“LEGAL” which describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly
modify the LEGAL file in all copies Contributor makes available
thereafter and shall take other steps (such as notifying appropriate
mailing lists or newsgroups) reasonably calculated to inform those who
received the Covered Code that new knowledge has been obtained.  

(b) Contributor APIs.  

If Contributor’s Modifications include an application programming
interface and Contributor has knowledge of patent licenses which are
reasonably necessary to implement that API, Contributor must also
include this information in the LEGAL file.  

(c) Representations.

Contributor represents that, except as disclosed pursuant to Section
3.4(a) above, Contributor believes that Contributor’s Modifications
are Contributor’s original creation(s) and/or Contributor has
sufficient rights to grant the rights conveyed by this License.  

3.5 Required Notices.  

You must duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such notice in a particular Source
Code file due to its structure, then You must include such notice in a
location (such as a relevant directory) where a user would be likely
to look for such a notice. If You created one or more Modification(s)
You may add your name as a Contributor to the notice described in
Exhibit A. You must also duplicate this License in any documentation
for the Source Code where You describe recipients’ rights or ownership
rights relating to Covered Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Code. However, You
may do so only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely clear than
any such warranty, support, indemnity or liability obligation is
offered by You alone, and You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.  

3.6 Distribution of Executable Versions.  

You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Code,
and if You include a notice stating that the Source Code version of
the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously included
in any notice in an Executable version, related documentation or
collateral in which You describe recipients’ rights relating to the
Covered Code. You may distribute the Executable version of Covered
Code or ownership rights under a license of Your choice, which may
contain terms different from this License, provided that You are in
compliance with the terms of this License and that the license for the
Executable version does not attempt to limit or alter the recipient’s
rights in the Source Code version from the rights set forth in this
License. If You distribute the Executable version under a different
license You must make it absolutely clear that any terms which differ
from this License are offered by You alone, not by the Initial
Developer, Original Developer or any Contributor. You hereby agree to
indemnify the Initial Developer, Original Developer and every
Contributor for any liability incurred by the Initial Developer,
Original Developer or such Contributor as a result of any such terms
You offer.  

3.7 Larger Works.  

You may create a Larger Work by combining Covered Code with other code
not governed by the terms of this License and distribute the Larger
Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered Code.

4. Inability to Comply Due to Statute or Regulation.  

If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 3.4 and must
be included with all distributions of the Source Code. Except to the
extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to
understand it.  

5. Application of this License.  

This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.

6. Versions of the License.  

6.1 New Versions.  

Socialtext, Inc. (“Socialtext”) may publish revised and/or new
versions of the License from time to time. Each version will be given
a distinguishing version number.  

6.2 Effect of New Versions.  

Once Covered Code has been published under a particular version of the
License, You may always continue to use it under the terms of that
version. You may also choose to use such Covered Code under the terms
of any subsequent version of the License published by Socialtext. No
one other than Socialtext has the right to modify the terms applicable
to Covered Code created under this License.  

6.3 Derivative Works.  

If You create or use a modified version of this License (which you may
only do in order to apply it to code which is not already Covered Code
governed by this License), You must (a) rename Your license so that
the phrases “Socialtext”, “CPAL” or any confusingly similar phrase do
not appear in your license (except to note that your license differs
from this License) and (b) otherwise make it clear that Your version
of the license contains terms which differ from the CPAL. (Filling in
the name of the Initial Developer, Original Developer, Original Code
or Contributor in the notice described in Exhibit A shall not of
themselves be deemed to be modifications of this License.)

7. DISCLAIMER OF WARRANTY.  

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE
IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL DEVELOPER OR
ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.  

8. TERMINATION.

8.1 This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.

8.2 If You initiate litigation by asserting a patent infringement
claim (excluding declatory judgment actions) against Initial
Developer, Original Developer or a Contributor (the Initial Developer,
Original Developer or Contributor against whom You file such action is
referred to as “Participant”) alleging that: (a) such Participant’s
Contributor Version directly or indirectly infringes any patent, then
any and all rights granted by such Participant to You under Sections
2.1 and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively, unless if within 60 days after
receipt of notice You either: (i) agree in writing to pay Participant
a mutually agreeable reasonable royalty for Your past and future use
of Modifications made by such Participant, or (ii) withdraw Your
litigation claim with respect to the Contributor Version against such
Participant. If within 60 days of notice, a reasonable royalty and
payment arrangement are not mutually agreed upon in writing by the
parties or the litigation claim is not withdrawn, the rights granted
by Participant to You under Sections 2.1 and/or 2.2 automatically
terminate at the expiration of the 60 day notice period specified
above.  (b) any software, hardware, or device, other than such
Participant’s Contributor Version, directly or indirectly infringes
any patent, then any rights granted to You by such Participant under
Sections 2.1(b) and 2.2(b) are revoked effective as of the date You
first made, used, sold, distributed, or had made, Modifications made
by that Participant.  

8.3 If You assert a patent infringement claim against Participant
alleging that such Participant’s Contributor Version directly or
indirectly infringes any patent where such claim is resolved (such as
by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or
license.  8.4 In the event of termination under Sections 8.1 or 8.2
above, all end user license agreements (excluding distributors and
resellers) which have been validly granted by You or any distributor
hereunder prior to termination shall survive termination.

9. LIMITATION OF LIABILITY.  

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ORIGINAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES,
BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10. U.S. GOVERNMENT END USERS.  The Covered Code is a “commercial
item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of “commercial computer software” and “commercial computer
software documentation,” as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Covered Code with only those rights set forth
herein.

11. MISCELLANEOUS.  

This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
California law provisions (except to the extent applicable law, if
any, provides otherwise), excluding its conflict-of-law
provisions. With respect to disputes in which at least one party is a
citizen of, or an entity chartered or registered to do business in the
United States of America, any litigation relating to this License
shall be subject to the jurisdiction of the Federal Courts of the
Northern District of California, with venue lying in Santa Clara
County, California, with the losing party responsible for costs,
including without limitation, court costs and reasonable attorneys’
fees and expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly
excluded. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not apply to
this License.  

12. RESPONSIBILITY FOR CLAIMS.  

As between Initial Developer, Original Developer and the Contributors,
each party is responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License and
You agree to work with Initial Developer, Original Developer and
Contributors to distribute such responsibility on an equitable
basis. Nothing herein is intended or shall be deemed to constitute any
admission of liability.  

13. MULTIPLE-LICENSED CODE.  

Initial Developer may designate portions of the Covered Code as
Multiple-Licensed. Multiple-Licensed means that the Initial Developer
permits you to utilize portions of the Covered Code under Your choice
of the CPAL or the alternative licenses, if any, specified by the
Initial Developer in the file described in Exhibit A.  

14. ADDITIONAL TERM: ATTRIBUTION 

(a) As a modest attribution to the organizer of the development of the
Original Code (“Original Developer”), in the hope that its promotional
value may help justify the time, money and effort invested in writing
the Original Code, the Original Developer may include in Exhibit B
(“Attribution Information”) a requirement that each time an Executable
and Source Code or a Larger Work is launched or initially run (which
includes initiating a session), a prominent display of the Original
Developer’s Attribution Information (as defined below) must occur on
the graphic user interface employed by the end user to access such
Covered Code (which may include display on a splash screen), if
any. The size of the graphic image should be consistent with the size
of the other elements of the Attribution Information. If the access by
the end user to the Executable and Source Code does not create a
graphic user interface for access to the Covered Code, this obligation
shall not apply. If the Original Code displays such Attribution
Information in a particular form (such as in the form of a splash
screen, notice at login, an “about” display, or dedicated attribution
area on user interface screens), continued use of such form for that
Attribution Information is one way of meeting this requirement for
notice.  

(b) Attribution information may only include a copyright notice, a
brief phrase, graphic image and a URL (“Attribution Information”) and
is subject to the Attribution Limits as defined below. For these
purposes, prominent shall mean display for sufficient duration to give
reasonable notice to the user of the identity of the Original
Developer and that if You include Attribution Information or similar
information for other parties, You must ensure that the Attribution
Information for the Original Developer shall be no less prominent than
such Attribution Information or similar information for the other
party. For greater certainty, the Original Developer may choose to
specify in Exhibit B below that the above attribution requirement only
applies to an Executable and Source Code resulting from the Original
Code or any Modification, but not a Larger Work. The intent is to
provide for reasonably modest attribution, therefore the Original
Developer cannot require that You display, at any time, more than the
following information as Attribution Information: (a) a copyright
notice including the name of the Original Developer; (b) a word or one
phrase (not exceeding 10 words); (c) one graphic image provided by the
Original Developer; and (d) a URL (collectively, the “Attribution
Limits”).

(c) If Exhibit B does not include any Attribution Information, then
there are no requirements for You to display any Attribution
Information of the Original Developer.

(d) You acknowledge that all trademarks, service marks and/or trade
names contained within the Attribution Information distributed with
the Covered Code are the exclusive property of their owners and may
only be used with the permission of their owners, or under
circumstances otherwise permitted by law or as expressly set out in
this License.  

15. ADDITIONAL TERM: NETWORK USE.  The term “External Deployment”
means the use, distribution, or communication of the Original Code or
Modifications in any way such that the Original Code or Modifications
may be used by anyone other than You, whether those works are
distributed or communicated to those persons or made available as an
application intended for use over a network. As an express condition
for the grants of license hereunder, You must treat any External
Deployment by You of the Original Code or Modifications as a
distribution under section 3.1 and make Source Code available under
Section 3.2.

EXHIBIT A. Common Public Attribution License Version 1.0.

“The contents of this file are subject to the Common Public
Attribution License Version 1.0 (the “License”); you may not use this
file except in compliance with the License. You may obtain a copy of
the License at _____________. The License is based on the Mozilla
Public License Version 1.1 but Sections 14 and 15 have been added to
cover use of software over a computer network and provide for limited
attribution for the Original Developer. In addition, Exhibit A has
been modified to be consistent with Exhibit B.  Software distributed
under the License is distributed on an “AS IS” basis, WITHOUT WARRANTY
OF ANY KIND, either express or implied. See the License for the
specific language governing rights and limitations under the License.
The Original Code is______________________.  The Original Developer is
not the Initial Developer and is __________. If left blank, the
Original Developer is the Initial Developer.  The Initial Developer of
the Original Code is ____________. All portions of the code written by
___________ are Copyright (c) _____. All Rights Reserved.  Contributor
______________________.  Alternatively, the contents of this file may
be used under the terms of the _____ license (the (___) License), in
which case the provisions of (______) License are applicable instead
of those above.  If you wish to allow use of your version of this file
only under the terms of the (____) License and not to allow others to
use your version of this file under the CPAL, indicate your decision
by deleting the provisions above and replace them with the notice and
other provisions required by the (___) License. If you do not delete
the provisions above, a recipient may use your version of this file
under either the CPAL or the (___) License.”  (NOTE: The text of this
Exhibit A may differ slightly from the text of the notices in the
Source Code files of the Original Code. You should use the text of
this Exhibit A rather than the text found in the Original Code Source
Code for Your Modifications.)

EXHIBIT B. Attribution Information

Attribution Copyright Notice: _______________________ Attribution
Phrase (not exceeding 10 words): _______________________ Attribution
URL: _______________________ Graphic Image as provided in the Covered
Code, if any.  Display of Attribution Information is (required/not
required) in Larger Works which are defined in the CPAL as a work
which combines Covered Code or portions thereof with code not governed
by the terms of the CPAL.

PA\10507658.3
359939-1 





Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.3 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. A copy of the license is included in the page “GNU Free Documentation License”.

The copyright and license notices on this page only apply to the text on this page. Any software or copyright-licenses or other similar notices described in this text has its own copyright notice and license, which can usually be found in the distribution or license text itself.