Платформа ЦРНП "Мирокод" для разработки проектов
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152 lines
8.7 KiB
152 lines
8.7 KiB
Zimbra Public License, Version 1.3 (ZPL) |
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This Zimbra Public License (this "Agreement") is a legal agreement that describes |
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the terms under which VMware, Inc., a Delaware corporation having its principal |
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place of business at 3401 Hillview Avenue, Palo Alto, California 94304 ("VMware") |
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will provide software to you via download or otherwise ("Software"). By using |
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the Software, you, an individual or an entity ("You") agree to the terms of |
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this Agreement. |
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In consideration of the mutual promises and upon the terms and conditions |
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set 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 Software, |
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a royalty-free, non-exclusive, non-transferable license to copy, modify, compile, |
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execute, and distribute the Software and Modifications. For the purposes of |
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this Agreement, any change to, addition to, or abridgement of the Software |
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made by You is a "Modification;" however, any file You add to the Software |
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that does not contain any part of the Software is not a "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 distribution |
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for purposes of this Agreement. |
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1.3 - For the Software or any Modification You distribute in source code format, |
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You must do so only under the terms of this Agreement, and You must include |
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a complete copy of this Agreement with Your distribution. With respect to |
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any Modification You distribute in source code format, the terms of this Agreement |
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will apply to You in the same way those terms apply to VMware with respect |
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to the Software. In other words, when You are distributing Modifications under |
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this Agreement, You "stand in the shoes" of VMware in terms of the rights |
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You grant and how the terms and conditions apply to You and the licensees |
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of Your Modifications. Notwithstanding the foregoing, when You "stand in the |
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shoes" of VMware, You are not subject to the jurisdiction provision under |
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Section 7, which requires all disputes under this Agreement to be subject |
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to the jurisdiction of federal or state courts of 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 |
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or Modification in source code format along with a complete copy of this Agreement. |
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The distribution of the Software or Modifications in compiled or object code |
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format may be under a license of Your choice, provided that You are in compliance |
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with the terms of this Agreement. In addition, You must make absolutely clear |
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that any license terms applying to such Software or Modification that differ |
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from this Agreement are offered by You alone and not by VMware, and that such |
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license does not restrict recipients from exercising rights in the source |
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code to the Software granted by VMware under this Agreement or rights in the |
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source code to any Modification granted by You as 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. Nothing |
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in this Agreement requires VMware to enter into any license with You for any |
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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 |
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1.1, no rights, licenses or forbearances are granted or may arise in relation |
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to this Agreement whether expressly, by implication, exhaustion, estoppel |
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or otherwise. All rights, including all intellectual property rights, that |
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are not 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 |
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in the Software. This includes the preservation of attribution notices in |
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the form of trademarks or logos that exist within a user interface of the |
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Software. |
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3.3 - This license does not grant You rights to use any party's name, logo, |
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or 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. VMWARE |
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MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING |
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TO THE SOFTWARE. SPECIFICALLY, VMWARE DOES NOT WARRANT THAT THE SOFTWARE WILL |
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BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST |
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EXTENT ALLOWED BY LAW, VMWARE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES |
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OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF VMWARE HAD BEEN |
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INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, |
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ANY MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE 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, SPECIAL, |
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EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION |
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LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF |
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COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE FURNISHING, |
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PERFORMANCE OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED HEREUNDER, |
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WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, |
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AND EVEN IF VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF 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 earlier |
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pursuant to this Section 6. |
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6.2 - In the event You violate the terms of this Agreement, VMware may terminate |
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this Agreement. |
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6.3 - All licenses granted hereunder shall terminate upon the termination |
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of 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 VMware's |
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liability (Sections 4 and 5), Termination (Section 6) or Miscellaneous (Section |
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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 |
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the 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 parties |
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hereunder is that of independent contractors, and this Agreement will not |
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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 |
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the 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 |
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the 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 |
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shall 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 |
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may be assigned, no obligations may be delegated, and this Agreement may not |
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be transferred by You, in whole or in part, whether voluntary or by operation |
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of law, including by way of sale of assets, merger or consolidation, without |
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the prior written consent of VMware, and any purported assignment, delegation |
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or 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 |
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a party to enforce the provisions of this Agreement or its rights or remedies |
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at 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 |
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the whole or any part of this Agreement or prejudice such party's right to |
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take subsequent action.
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