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author | Mike Frysinger <vapier@gentoo.org> | 2010-12-01 13:45:00 +0000 |
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committer | Mike Frysinger <vapier@gentoo.org> | 2010-12-01 13:45:00 +0000 |
commit | 0f9470b3e0e4439c7cbc15d7c99b5a229b387842 (patch) | |
tree | e06b92c94b25eb7f09430b6adda1f6e4cd4e1c5d /licenses/CPAL-1.0 | |
parent | New package by Christian Affolter & Julien Cynober & Artem Sidorenko #190636 ... (diff) | |
download | gentoo-2-0f9470b3e0e4439c7cbc15d7c99b5a229b387842.tar.gz gentoo-2-0f9470b3e0e4439c7cbc15d7c99b5a229b387842.tar.bz2 gentoo-2-0f9470b3e0e4439c7cbc15d7c99b5a229b387842.zip |
new license for openproj-bin
Diffstat (limited to 'licenses/CPAL-1.0')
-rw-r--r-- | licenses/CPAL-1.0 | 415 |
1 files changed, 415 insertions, 0 deletions
diff --git a/licenses/CPAL-1.0 b/licenses/CPAL-1.0 new file mode 100644 index 000000000000..0d6747f4713b --- /dev/null +++ b/licenses/CPAL-1.0 @@ -0,0 +1,415 @@ +Common Public Attribution License Version 1.0 (CPAL) +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. |