141 lines
8.7 KiB
Plaintext
141 lines
8.7 KiB
Plaintext
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Zimbra Public License, Version 1.3 (ZPL)
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This Zimbra Public License (this "Agreement") is a legal agreement
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that describes the terms under which VMware, Inc., a Delaware corporation
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having its principal place of business at 3401 Hillview Avenue, Palo Alto,
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California 94304 ("VMware") will provide software to you via download
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or otherwise ("Software"). By using the Software, you, an individual
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or an entity ("You") agree to the terms of this Agreement.
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In consideration of the mutual promises and upon the terms and conditions set
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forth below, the parties agree as follows:
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1. Grant of Copyright License
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1.1 - Subject to the terms and conditions of this Agreement, VMware hereby
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grants to You, under any and all of its copyright interest in and to the
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Software, a royalty-free, non-exclusive, non-transferable license to copy,
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modify, compile, execute, and distribute the Software and Modifications. For
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the purposes of this Agreement, any change to, addition to, or abridgement of
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the Software made by You is a "Modification;" however, any file You
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add to the Software that does not contain any part of the Software is not a
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"Modification."
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1.2 - If You are an individual acting on behalf of a corporation or other
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entity, Your use of the Software or any Modification is subject to Your having
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the authority to bind such corporation or entity to this Agreement. Providing
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copies to persons within such corporation or entity is not considered
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distribution for purposes of this Agreement.
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1.3 - For the Software or any Modification You distribute in source code
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format, You must do so only under the terms of this Agreement, and You must
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include a complete copy of this Agreement with Your distribution. With respect
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to any Modification You distribute in source code format, the terms of this
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Agreement will apply to You in the same way those terms apply to VMware with
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respect to the Software. In other words, when You are distributing
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Modifications under this Agreement, You "stand in the shoes" of
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VMware in terms of the rights You grant and how the terms and conditions apply
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to You and the licensees of Your Modifications. Notwithstanding the foregoing,
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when You "stand in the shoes" of VMware, You are not subject to the
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jurisdiction provision under Section 7, which requires all disputes under this
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Agreement to be subject to the jurisdiction of federal or state courts of
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northern California.
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1.4 - For the Software or any Modification You distribute in compiled or object
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code format, You must also provide recipients with access to the Software or
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Modification in source code format along with a complete copy of this
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Agreement. The distribution of the Software or Modifications in compiled or
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object code format may be under a license of Your choice, provided that You are
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in compliance with the terms of this Agreement. In addition, You must make
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absolutely clear that any license terms applying to such Software or
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Modification that differ from this Agreement are offered by You alone and not
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by VMware, and that such license does not restrict recipients from exercising
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rights in the source code to the Software granted by VMware under this
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Agreement or rights in the source code to any Modification granted by You as
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described in Section 1.3.
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1.5 - This Agreement does not limit Your right to distribute files that are
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entirely Your own work (i.e., which do not incorporate any portion of the
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Software and are not Modifications) under any terms You choose.
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2. Support
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VMware has no obligation to provide technical support or updates to You.
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Nothing in this Agreement requires VMware to enter into any license with You
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for any other edition of the Software.
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3. Intellectual Property Rights
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3.1 - Except for the license expressly granted under copyright in Section 1.1,
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no rights, licenses or forbearances are granted or may arise in relation to
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this Agreement whether expressly, by implication, exhaustion, estoppel or
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otherwise. All rights, including all intellectual property rights, that are not
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expressly granted under this Agreement are hereby reserved.
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3.2 - In any copy of the Software or in any Modification you create, You must
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retain and reproduce, any and all copyright, patent, trademark, and attribution
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notices that are included in the Software in the same form as they appear in
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the Software. This includes the preservation of attribution notices in the form
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of trademarks or logos that exist within a user interface of the Software.
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3.3 - This license does not grant You rights to use any party's name, logo, or
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trademarks, except solely as necessary to comply with Section 3.2.
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4. Disclaimer of Warranties
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THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
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VMWARE MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR
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RELATING TO THE SOFTWARE. SPECIFICALLY, VMWARE DOES NOT WARRANT THAT THE
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SOFTWARE WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE
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GREATEST EXTENT ALLOWED BY LAW, VMWARE SPECIFICALLY DISCLAIMS ALL IMPLIED
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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF VMWARE
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HAD BEEN INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE
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SOFTWARE, ANY MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE
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FOREGOING.
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5. Limitation of Liability
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IN NO EVENT WILL VMWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
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SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT
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LIMITATION LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA,
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COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE
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FURNISHING, PERFORMANCE OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED
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HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT,
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INCLUDING NEGLIGENCE, AND EVEN IF VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES.
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6. Term and Termination
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6.1 - This Agreement will continue in effect unless and until terminated
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earlier pursuant to this Section 6.
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6.2 - In the event You violate the terms of this Agreement, VMware may
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terminate this Agreement.
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6.3 - All licenses granted hereunder shall terminate upon the termination of
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this Agreement. Termination will be in addition to any rights and remedies
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available to VMware at law or equity or under this Agreement.
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6.4 - Termination of this Agreement will not affect the provisions regarding
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reservation of rights (Section 3.1), provisions disclaiming or limiting
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VMware's liability (Sections 4 and 5), Termination (Section 6) or Miscellaneous
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(Section 7), which provisions will survive termination of this Agreement.
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7. Miscellaneous
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This Agreement contains the entire agreement of the parties with respect to the
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subject matter of this Agreement and supersedes all previous communications,
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representations, understandings and agreements, either oral or written, between
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the parties with respect to said subject matter. The relationship of the
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parties hereunder is that of independent contractors, and this Agreement will
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not be construed as creating an agency, partnership, joint venture or any other
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form of legal association between the parties. If any term, condition, or
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provision in this Agreement is found to be invalid, unlawful or unenforceable
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to any extent, this Agreement will be construed in a manner that most closely
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effectuates the intent of this Agreement. Such invalid term, condition or
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provision will be severed from the remaining terms, conditions and provisions,
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which will continue to be valid and enforceable to the fullest extent permitted
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by law. This Agreement will be interpreted and construed in accordance with the
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laws of the State of California and the United States of America, without
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regard to conflict of law principles. The U.N. Convention on Contracts for the
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International Sale of Goods shall not apply to this Agreement. All disputes
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arising out of this Agreement involving VMware or any of its subsidiaries shall
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be subject to the jurisdiction of the federal or state courts of northern
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California, with venue lying in Santa Clara County, California. No rights may
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be assigned, no obligations may be delegated, and this Agreement may not be
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transferred by You, in whole or in part, whether voluntary or by operation of
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law, including by way of sale of assets, merger or consolidation, without the
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prior written consent of VMware, and any purported assignment, delegation or
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transfer without such consent shall be void ab initio. Any waiver of the
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provisions of this Agreement or of a party's rights or remedies under this
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Agreement must be in writing to be effective. Failure, neglect or delay by a
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party to enforce the provisions of this Agreement or its rights or remedies at
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any time, will not be construed or be deemed to be a waiver of such party's
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rights under this Agreement and will not in any way affect the validity of the
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whole or any part of this Agreement or prejudice such party's right to take
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subsequent action.
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