Common Public Attribution License 1.0 (CPAL)

Common Public Attribution License Version 1.0 (CPAL)

1. “Definitions”

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

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

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

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

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

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

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

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

1.8 “License” means this document.

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Contributor Grant.

Subject ... 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 ... trademark) Licensable by Contributor, ... use, reproduce, modify, display, perform, sublicense ... distribute ... Modifications created by such Contributor (or portions thereof) either ... an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and

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

(c) the licenses granted ... Sections 2.2(a) ... 2.2(b) are effective ... the date Contributor first makes Commercial Use of ... Covered Code.

(d) Notwithstanding Section 2.2(b) above, no patent license ... granted: 1) for any code that Contributor has deleted from ... Contributor Version; 2) separate from ... Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version ... ii) ... combination of Modifications made by that Contributor with other software (except as part of ... Contributor Version) ... other devices; ... 4) under Patent Claims infringed by Covered Code ... the absence of Modifications made by that Contributor.

3. Distribution Obligations.

3.1 Application of License.

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

3.2 Availability of Source Code.

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

3.3 Description of Modifications.

You must cause all Covered Code ... which You contribute ... contain a file documenting ... changes You made ... create that Covered Code ... the date of any change. You must include a prominent statement that ... Modification ... derived, directly ... indirectly, from Original Code provided by ... Initial Developer ... including ... name of ... Initial Developer ... (a) ... Source Code, ... (b) ... any notice ... an Executable version ... related documentation ... which You describe ... origin ... ownership of ... 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 ... required ... exercise ... rights granted by such Contributor under Sections 2.1 ... 2.2, Contributor must include a text file with ... Source Code distribution titled “LEGAL” which describes ... claim ... the party making ... claim ... sufficient detail that a recipient ... know whom ... contact. If Contributor obtains such knowledge after ... Modification ... made available as described ... Section 3.2, Contributor shall promptly modify ... LEGAL file ... all copies Contributor makes available thereafter ... shall take other steps (such as notifying appropriate mailing lists ... newsgroups) reasonably calculated ... inform those who received ... Covered Code that new knowledge has been obtained.

(b) Contributor APIs.

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

(c) Representations.

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

3.5 Required Notices.

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

3.6 Distribution of Executable Versions.

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

4. Inability ... Comply Due ... Statute ... Regulation.

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

5. Application of this License.

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

6. Versions of ... License.

6.1 New Versions.

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

6.2 Effect of New Versions.

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

6.3 Derivative Works.

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

7. DISCLAIMER OF WARRANTY.

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

8. TERMINATION.

8.1 This License ... the rights granted hereunder ... terminate automatically if You fail ... comply with terms herein ... fail ... cure such breach within 30 days of becoming aware of ... breach. All sublicenses ... the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain ... effect beyond ... 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 ... a Contributor (the Initial Developer, Original Developer ... Contributor against whom You file such action ... referred ... as “Participant”) alleging that:

(a) such Participant’s Contributor Version directly ... indirectly infringes any patent, then any ... all rights granted by such Participant ... 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 ... writing ... pay Participant a mutually agreeable reasonable royalty for Your past ... future use of Modifications made by such Participant, ... (ii) withdraw Your litigation claim with respect ... the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty ... payment arrangement are not mutually agreed upon ... writing by ... parties ... the litigation claim ... not withdrawn, ... rights granted by Participant ... You under Sections 2.1 and/or 2.2 automatically terminate at ... expiration of ... 60 day notice period specified above.

(b) any software, hardware, ... device, other than such Participant’s Contributor Version, directly ... indirectly infringes any patent, then any rights granted ... You by such Participant under Sections 2.1(b) ... 2.2(b) are revoked effective as of ... date You first made, used, sold, distributed, ... 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 ... indirectly infringes any patent where such claim ... resolved (such as by license ... settlement) prior ... the initiation of patent infringement litigation, then ... reasonable value of ... licenses granted by such Participant under Sections 2.1 ... 2.2 shall be taken into account ... determining ... amount ... value of any payment ... license.

8.4 In ... event of termination under Sections 8.1 ... 8.2 above, all end user license agreements (excluding distributors ... resellers) which have been validly granted by You ... any distributor hereunder prior ... termination shall survive termination.

9. LIMITATION OF LIABILITY.

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

10. U.S. GOVERNMENT END USERS.

The Covered Code ... a “commercial item,” as that term ... defined ... 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” ... “commercial computer software documentation,” as such terms are used ... 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 ... 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 ... complete agreement concerning subject matter hereof. If any provision of this License ... held ... be unenforceable, such provision shall be reformed only ... the extent necessary ... make it enforceable. This License shall be governed by California law provisions (except ... the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect ... disputes ... which at least one party ... a citizen of, ... an entity chartered ... registered ... do business ... the United States of America, any litigation relating ... this License shall be subject ... the jurisdiction of ... Federal Courts of ... Northern District of California, with venue lying ... Santa Clara County, California, with ... losing party responsible for costs, including without limitation, court costs ... reasonable attorneys’ fees ... expenses. ... application of ... United Nations Convention ... Contracts for ... International Sale of Goods ... expressly excluded. Any law ... regulation which provides that ... language of a contract shall be construed against ... drafter shall not apply ... this License.

12. RESPONSIBILITY FOR CLAIMS.

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

13. MULTIPLE-LICENSED CODE.

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

14. ADDITIONAL TERM: ATTRIBUTION

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

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

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

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

15. ADDITIONAL TERM: NETWORK USE.

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

EXHIBIT A. Common Public Attribution License Version 1.0.

“The contents of this file are subject ... the Common Public Attribution License Version 1.0 (the “License”); you may not use this file except ... compliance with ... License. You may obtain a copy of ... License at _____________. ... License ... based ... the Mozilla Public License Version 1.1 but Sections 14 ... 15 have been added ... cover use of software over a computer network ... provide for limited attribution for ... Original Developer. ... addition, Exhibit A has been modified ... be consistent with Exhibit B.

Software distributed under ... License ... distributed ... an “AS IS” basis, WITHOUT WARRANTY OF ANY KIND, either express ... implied. See ... License for ... specific language governing rights ... limitations under ... License.

The Original Code is______________________.

The Original Developer ... not ... Initial Developer ... is __________. If left blank, ... Original Developer ... the Initial Developer.

The Initial Developer of ... Original Code ... ____________. All portions of ... code written by ___________ are Copyright (c) _____. All Rights Reserved.

Contributor ______________________.

Alternatively, ... contents of this file may be used under ... terms of ... _____ license (the [___] License), ... which case ... provisions of [______] License are applicable instead of those above.

If you wish ... allow use of your version of this file only under ... terms of ... [____] License ... not ... allow others ... use your version of this file under ... CPAL, indicate your decision by deleting ... provisions above ... replace them with ... notice ... other provisions required by ... [___] License. If you do not delete ... provisions above, a recipient may use your version of this file under either ... CPAL ... the [___] License.”

[NOTE: ... text of this Exhibit A may differ slightly from ... text of ... notices ... the Source Code files of ... Original Code. You should use ... text of this Exhibit A rather than ... text found ... 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 ... the Covered Code, if any.

Display of Attribution Information ... [required/not required] ... Larger Works which are defined ... the CPAL as a work which combines Covered Code ... portions thereof with code not governed by ... terms of ... CPAL.

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