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Michael Taboada f38f165660 Update license
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Common Public Attribution License Version 1.0 (CPAL-1.0)
SPDX short identifier: CPAL-1.0
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.
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