path: root/common/CPAL

Common Public Attribution License Version 1.0 (CPAL-1.0)


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.