436 lines
27 KiB
Plaintext
436 lines
27 KiB
Plaintext
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Common Public Attribution License Version 1.0 (CPAL)
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1. "Definitions"
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1.0.1 "Commercial Use" means distribution or otherwise making the
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Covered Code available to a third party.
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1.1 "Contributor" means each entity that creates or contributes to
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the creation of Modifications.
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1.2 "Contributor Version" means the combination of the Original
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Code, prior Modifications used by a Contributor, and the Modifications made by
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that particular Contributor.
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1.3 "Covered Code" means the Original Code or Modifications or the
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combination of the Original Code and Modifications, in each case including
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portions thereof.
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1.4 "Electronic Distribution Mechanism" means a mechanism generally
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accepted in the software development community for the electronic transfer of
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data.
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1.5 "Executable" means Covered Code in any form other than Source
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Code.
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1.6 "Initial Developer" means the individual or entity identified
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as the Initial Developer in the Source Code notice required by Exhibit A.
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1.7 "Larger Work" means a work which combines Covered Code or
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portions thereof with code not governed by the terms of this License.
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1.8 "License" means this document.
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1.8.1 "Licensable" means having the right to grant, to the maximum
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extent possible, whether at the time of the initial grant or subsequently
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acquired, any and all of the rights conveyed herein.
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1.9 "Modifications" means any addition to or deletion from the
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substance or structure of either the Original Code or any previous
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Modifications. When Covered Code is released as a series of files, a
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Modification is:
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A. Any addition to or deletion from the contents of a file containing Original
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Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or previous
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Modifications.
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1.10 "Original Code" means Source Code of computer software code
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which is described in the Source Code notice required by Exhibit A as Original
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Code, and which, at the time of its release under this License is not already
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Covered Code governed by this License.
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1.10.1 "Patent Claims" means any patent claim(s), now owned or
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hereafter acquired, including without limitation, method, process, and
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apparatus claims, in any patent Licensable by grantor.
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1.11 "Source Code" means the preferred form of the Covered Code for
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making modifications to it, including all modules it contains, plus any
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associated interface definition files, scripts used to control compilation and
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installation of an Executable, or source code differential comparisons against
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either the Original Code or another well known, available Covered Code of the
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Contributor’s choice. The Source Code can be in a compressed or archival
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form, provided the appropriate decompression or de-archiving software is widely
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available for no charge.
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1.12 "You" (or "Your") means an individual or a legal
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entity exercising rights under, and complying with all of the terms of, this
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License or a future version of this License issued under Section 6.1. For legal
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entities, "You" includes any entity which controls, is controlled
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by, or is under common control with You. For purposes of this definition,
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"control" means (a) the power, direct or indirect, to cause the
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direction or management of such entity, whether by contract or otherwise, or
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(b) ownership of more than fifty percent (50%) of the outstanding shares or
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beneficial ownership of such entity.
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2. Source Code License.
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2.1 The Initial Developer Grant.
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The Initial Developer hereby grants You a world-wide, royalty-free, non-
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exclusive license, subject to third party intellectual property claims:
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Initial Developer to use, reproduce, modify, display, perform,
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sublicense and distribute the Original Code (or portions thereof) with or
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without Modifications, and/or as part of a Larger Work; and
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(b) under Patents Claims infringed by the making, using or selling of Original
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Code, to make, have made, use, practice, sell, and offer for sale, and/or
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otherwise dispose of the Original Code (or portions thereof).
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(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
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date Initial Developer first distributes Original Code under the terms of this
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License.
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(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for
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code that You delete from the Original Code; 2) separate from the Original
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Code; or 3) for infringements caused by: i) the modification of the Original
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Code or ii) the combination of the Original Code with other software or
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devices.
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2.2 Contributor Grant.
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Subject to third party intellectual property claims, each Contributor hereby
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grants You a world-wide, royalty-free, non-exclusive license
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Contributor, to use, reproduce, modify, display, perform,
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sublicense and distribute the Modifications created by such Contributor (or
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portions thereof) either on an unmodified basis, with other Modifications, as
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Covered Code and/or as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using, or selling of
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Modifications made by that Contributor either alone and/or in combination with
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its Contributor Version (or portions of such combination), to make, use, sell,
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offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
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by that Contributor (or portions thereof); and 2) the combination of
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Modifications made by that Contributor with its Contributor Version (or
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portions of such combination).
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
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date Contributor first makes Commercial Use of the Covered Code.
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(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for
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any code that Contributor has deleted from the Contributor Version; 2) separate
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from the Contributor Version; 3) for infringements caused by: i) third party
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modifications of Contributor Version or ii) the combination of Modifications
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made by that Contributor with other software (except as part of the Contributor
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Version) or other devices; or 4) under Patent Claims infringed by Covered Code
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in the absence of Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1 Application of License.
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The Modifications which You create or to which You contribute are governed by
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the terms of this License, including without limitation Section 2.2. The Source
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Code version of Covered Code may be distributed only under the terms of this
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License or a future version of this License released under Section 6.1, and You
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must include a copy of this License with every copy of the Source Code You
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distribute. You may not offer or impose any terms on any Source Code version
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that alters or restricts the applicable version of this License or the
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recipients’ rights hereunder. However, You may include an additional
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document offering the additional rights described in Section 3.5.
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3.2 Availability of Source Code.
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Any Modification which You create or to which You contribute must be made
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available in Source Code form under the terms of this License either on the
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same media as an Executable version or via an accepted Electronic Distribution
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Mechanism to anyone to whom you made an Executable version available; and if
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made available via Electronic Distribution Mechanism, must remain available for
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at least twelve (12) months after the date it initially became available, or at
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least six (6) months after a subsequent version of that particular Modification
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has been made available to such recipients. You are responsible for ensuring
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that the Source Code version remains available even if the Electronic
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Distribution Mechanism is maintained by a third party.
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3.3 Description of Modifications.
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You must cause all Covered Code to which You contribute to contain a file
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documenting the changes You made to create that Covered Code and the date of
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any change. You must include a prominent statement that the Modification is
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derived, directly or indirectly, from Original Code provided by the Initial
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Developer and including the name of the Initial Developer in (a) the Source
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Code, and (b) in any notice in an Executable version or related documentation
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in which You describe the origin or ownership of the Covered Code.
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3.4 Intellectual Property Matters
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(a) Third Party Claims.
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If Contributor has knowledge that a license under a third party’s
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intellectual property rights is required to exercise the rights granted by such
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Contributor under Sections 2.1 or 2.2, Contributor must include a text file
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with the Source Code distribution titled "LEGAL" which describes
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the claim and the party making the claim in sufficient detail that a recipient
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will know whom to contact. If Contributor obtains such knowledge after the
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Modification is made available as described in Section 3.2, Contributor shall
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promptly modify the LEGAL file in all copies Contributor makes available
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thereafter and shall take other steps (such as notifying appropriate mailing
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lists or newsgroups) reasonably calculated to inform those who received the
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Covered Code that new knowledge has been obtained.
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(b) Contributor APIs.
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If Contributor’s Modifications include an application programming
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interface and Contributor has knowledge of patent licenses which are reasonably
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necessary to implement that API, Contributor must also include this information
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in the LEGAL file.
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(c) Representations.
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Contributor represents that, except as disclosed pursuant to Section 3.4(a)
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above, Contributor believes that Contributor’s Modifications are
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Contributor’s original creation(s) and/or Contributor has sufficient
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rights to grant the rights conveyed by this License.
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3.5 Required Notices.
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You must duplicate the notice in Exhibit A in each file of the Source Code. If
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it is not possible to put such notice in a particular Source Code file due to
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its structure, then You must include such notice in a location (such as a
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relevant directory) where a user would be likely to look for such a notice. If
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You created one or more Modification(s) You may add your name as a Contributor
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to the notice described in Exhibit A. You must also duplicate this License in
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any documentation for the Source Code where You describe recipients’
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rights or ownership rights relating to Covered Code. You may choose to offer,
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and to charge a fee for, warranty, support, indemnity or liability obligations
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to one or more recipients of Covered Code. However, You may do so only on Your
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own behalf, and not on behalf of the Initial Developer or any Contributor. You
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must make it absolutely clear than any such warranty, support, indemnity or
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liability obligation is offered by You alone, and You hereby agree to indemnify
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the Initial Developer and every Contributor for any liability incurred by the
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Initial Developer or such Contributor as a result of warranty, support,
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indemnity or liability terms You offer.
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3.6 Distribution of Executable Versions.
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You may distribute Covered Code in Executable form only if the requirements of
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Section 3.1-3.5 have been met for that Covered Code, and if You include a
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notice stating that the Source Code version of the Covered Code is available
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under the terms of this License, including a description of how and where You
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have fulfilled the obligations of Section 3.2. The notice must be conspicuously
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included in any notice in an Executable version, related documentation or
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collateral in which You describe recipients’ rights relating to the
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Covered Code. You may distribute the Executable version of Covered Code or
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ownership rights under a license of Your choice, which may contain terms
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different from this License, provided that You are in compliance with the terms
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of this License and that the license for the Executable version does not
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attempt to limit or alter the recipient’s rights in the Source Code
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version from the rights set forth in this License. If You distribute the
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Executable version under a different license You must make it absolutely clear
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that any terms which differ from this License are offered by You alone, not by
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the Initial Developer, Original Developer or any Contributor. You hereby agree
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to indemnify the Initial Developer, Original Developer and every Contributor
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for any liability incurred by the Initial Developer, Original Developer or such
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Contributor as a result of any such terms You offer.
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3.7 Larger Works.
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You may create a Larger Work by combining Covered Code with other code not
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governed by the terms of this License and distribute the Larger Work as a
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single product. In such a case, You must make sure the requirements of this
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License are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of this License
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with respect to some or all of the Covered Code due to statute, judicial order,
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or regulation then You must: (a) comply with the terms of this License to the
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maximum extent possible; and (b) describe the limitations and the code they
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affect. Such description must be included in the LEGAL file described in
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Section 3.4 and must be included with all distributions of the Source Code.
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Except to the extent prohibited by statute or regulation, such description must
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be sufficiently detailed for a recipient of ordinary skill to be able to
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understand it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has attached the
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notice in Exhibit A and to related Covered Code.
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6. Versions of the License.
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6.1 New Versions.
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Socialtext, Inc. ("Socialtext") may publish revised and/or new
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versions of the License from time to time. Each version will be given a
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distinguishing version number.
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6.2 Effect of New Versions.
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Once Covered Code has been published under a particular version of the License,
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You may always continue to use it under the terms of that version. You may also
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choose to use such Covered Code under the terms of any subsequent version of
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the License published by Socialtext. No one other than Socialtext has the right
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to modify the terms applicable to Covered Code created under this License.
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6.3 Derivative Works.
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If You create or use a modified version of this License (which you may only do
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in order to apply it to code which is not already Covered Code governed by this
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License), You must (a) rename Your license so that the phrases
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"Socialtext", "CPAL" or any confusingly similar phrase
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do not appear in your license (except to note that your license differs from
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this License) and (b) otherwise make it clear that Your version of the license
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contains terms which differ from the CPAL. (Filling in the name of the Initial
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Developer, Original Developer, Original Code or Contributor in the notice
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described in Exhibit A shall not of themselves be deemed to be modifications of
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this License.)
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
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FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
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QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED
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CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL
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DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
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REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
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OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT
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UNDER THIS DISCLAIMER.
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8. TERMINATION.
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8.1 This License and the rights granted hereunder will terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within 30
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days of becoming aware of the breach. All sublicenses to the Covered Code which
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are properly granted shall survive any termination of this License. Provisions
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which, by their nature, must remain in effect beyond the termination of this
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License shall survive.
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8.2 If You initiate litigation by asserting a patent infringement claim
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(excluding declatory judgment actions) against Initial Developer, Original
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Developer or a Contributor (the Initial Developer, Original Developer or
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Contributor against whom You file such action is referred to as
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"Participant") alleging that:
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(a) such Participant’s Contributor Version directly or indirectly
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infringes any patent, then any and all rights granted by such Participant to
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You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
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from Participant terminate prospectively, unless if within 60 days after
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receipt of notice You either: (i) agree in writing to pay Participant a
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mutually agreeable reasonable royalty for Your past and future use of
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Modifications made by such Participant, or (ii) withdraw Your litigation claim
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with respect to the Contributor Version against such Participant. If within 60
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days of notice, a reasonable royalty and payment arrangement are not mutually
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agreed upon in writing by the parties or the litigation claim is not withdrawn,
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the rights granted by Participant to You under Sections 2.1 and/or 2.2
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automatically terminate at the expiration of the 60 day notice period specified
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above.
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(b) any software, hardware, or device, other than such Participant’s
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Contributor Version, directly or indirectly infringes any patent, then any
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rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are
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revoked effective as of the date You first made, used, sold, distributed, or
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had made, Modifications made by that Participant.
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8.3 If You assert a patent infringement claim against Participant alleging that
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such Participant’s Contributor Version directly or indirectly infringes
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any patent where such claim is resolved (such as by license or settlement)
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prior to the initiation of patent infringement litigation, then the reasonable
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value of the licenses granted by such Participant under Sections 2.1 or 2.2
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shall be taken into account in determining the amount or value of any payment
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or license.
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8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user
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license agreements (excluding distributors and resellers) which have been
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validly granted by You or any distributor hereunder prior to termination shall
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survive termination.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ORIGINAL
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DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY
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SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
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SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
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WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
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FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
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IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
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LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
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INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE
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LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
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LIMITATION MAY NOT APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a "commercial item," as that term is defined in
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48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
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software" and "commercial computer software documentation,"
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as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
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C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
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Government End Users acquire Covered Code with only those rights set forth
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herein.
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11. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter
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hereof. If any provision of this License is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to make it
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enforceable. This License shall be governed by California law provisions
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(except to the extent applicable law, if any, provides otherwise), excluding
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its conflict-of-law provisions. With respect to disputes in which at least one
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party is a citizen of, or an entity chartered or registered to do business in
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the United States of America, any litigation relating to this License shall be
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subject to the jurisdiction of the Federal Courts of the Northern District of
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California, with venue lying in Santa Clara County, California, with the losing
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party responsible for costs, including without limitation, court costs and
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reasonable attorneys’ fees and expenses. The application of the United
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Nations Convention on Contracts for the International Sale of Goods is
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expressly excluded. Any law or regulation which provides that the language of a
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contract shall be construed against the drafter shall not apply to this
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License.
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12. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer, Original Developer and the Contributors, each
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party is responsible for claims and damages arising, directly or indirectly,
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out of its utilization of rights under this License and You agree to work with
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Initial Developer, Original Developer and Contributors to distribute such
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responsibility on an equitable basis. Nothing herein is intended or shall be
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deemed to constitute any admission of liability.
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13. MULTIPLE-LICENSED CODE.
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Initial Developer may designate portions of the Covered Code as Multiple-
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Licensed. Multiple-Licensed means that the Initial Developer permits you to
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utilize portions of the Covered Code under Your choice of the CPAL or the
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alternative licenses, if any, specified by the Initial Developer in the file
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described in Exhibit A.
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14. ADDITIONAL TERM: ATTRIBUTION
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(a) As a modest attribution to the organizer of the development of the Original
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Code ("Original Developer"), in the hope that its promotional value
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may help justify the time, money and effort invested in writing the Original
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Code, the Original Developer may include in Exhibit B ("Attribution
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Information") a requirement that each time an Executable and Source Code
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or a Larger Work is launched or initially run (which includes initiating a
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session), a prominent display of the Original Developer’s Attribution
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Information (as defined below) must occur on the graphic user interface
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employed by the end user to access such Covered Code (which may include display
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on a splash screen), if any. The size of the graphic image should be consistent
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with the size of the other elements of the Attribution Information. If the
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access by the end user to the Executable and Source Code does not create a
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graphic user interface for access to the Covered Code, this obligation shall
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not apply. If the Original Code displays such Attribution Information in a
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particular form (such as in the form of a splash screen, notice at login, an
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"about" display, or dedicated attribution area on user interface
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screens), continued use of such form for that Attribution Information is one
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way of meeting this requirement for notice.
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(b) Attribution information may only include a copyright notice, a brief
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phrase, graphic image and a URL ("Attribution Information") and is
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subject to the Attribution Limits as defined below. For these purposes,
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prominent shall mean display for sufficient duration to give reasonable notice
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to the user of the identity of the Original Developer and that if You include
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Attribution Information or similar information for other parties, You must
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ensure that the Attribution Information for the Original Developer shall be no
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less prominent than such Attribution Information or similar information for the
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other party. For greater certainty, the Original Developer may choose to
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specify in Exhibit B below that the above attribution requirement only applies
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to an Executable and Source Code resulting from the Original Code or any
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Modification, but not a Larger Work. The intent is to provide for reasonably
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modest attribution, therefore the Original Developer cannot require that You
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display, at any time, more than the following information as Attribution
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Information: (a) a copyright notice including the name of the Original
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Developer; (b) a word or one phrase (not exceeding 10 words); (c) one graphic
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image provided by the Original Developer; and (d) a URL (collectively, the
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"Attribution Limits").
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(c) If Exhibit B does not include any Attribution Information, then there are
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no requirements for You to display any Attribution Information of the Original
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Developer.
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(d) You acknowledge that all trademarks, service marks and/or trade names
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contained within the Attribution Information distributed with the Covered Code
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are the exclusive property of their owners and may only be used with the
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permission of their owners, or under circumstances otherwise permitted by law
|
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or as expressly set out in this License.
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15. ADDITIONAL TERM: NETWORK USE.
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The term "External Deployment" means the use, distribution, or
|
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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.
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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.]
|
|
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|
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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