Платформа ЦРНП "Мирокод" для разработки проектов
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508 lines
28 KiB
508 lines
28 KiB
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 Covered |
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Code available to a third party. |
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1.1 "Contributor" means each entity that creates or contributes to the creation |
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of Modifications. |
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1.2 "Contributor Version" means the combination of the Original Code, prior |
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Modifications used by a Contributor, and the Modifications made by that particular |
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Contributor. |
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1.3 "Covered Code" means the Original Code or Modifications or the combination |
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of the Original Code and Modifications, in each case including portions thereof. |
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1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted |
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in the software development community for the electronic transfer of data. |
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1.5 "Executable" means Covered Code in any form other than Source Code. |
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1.6 "Initial Developer" means the individual or entity identified as the Initial |
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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 portions thereof |
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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 extent |
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possible, whether at the time of the initial grant or subsequently acquired, |
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any and all of the rights conveyed herein. |
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1.9 "Modifications" means any addition to or deletion from the substance or |
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structure of either the Original Code or any previous Modifications. When |
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Covered Code is released as a series of files, a 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 Modifications. |
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1.10 "Original Code" means Source Code of computer software code which is |
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described in the Source Code notice required by Exhibit A as Original Code, |
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and which, at the time of its release under this License is not already Covered |
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Code governed by this License. |
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1.10.1 "Patent Claims" means any patent claim(s), now owned or hereafter acquired, |
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including without limitation, method, process, and apparatus claims, in any |
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patent Licensable by grantor. |
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1.11 "Source Code" means the preferred form of the Covered Code for making |
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modifications to it, including all modules it contains, plus any associated |
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interface definition files, scripts used to control compilation and installation |
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of an Executable, or source code differential comparisons against either the |
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Original Code or another well known, available Covered Code of the Contributor's |
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choice. The Source Code can be in a compressed or archival form, provided |
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the appropriate decompression or de-archiving software is widely available |
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for no charge. |
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1.12 "You" (or "Your") means an individual or a legal entity exercising rights |
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under, and complying with all of the terms of, this License or a future version |
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of this License issued under Section 6.1. For legal entities, "You" includes |
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any entity which controls, is controlled by, or is under common control with |
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You. For purposes of this definition, "control" means (a) the power, direct |
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or indirect, to cause the direction or management of such entity, whether |
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by contract or otherwise, or (b) ownership of more than fifty percent (50%) |
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of the outstanding shares or 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-exclusive |
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license, subject to third party intellectual property claims: |
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(a) under intellectual property rights (other than patent or trademark) Licensable |
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by Initial Developer to use, reproduce, modify, display, perform, sublicense |
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and distribute the Original Code (or portions thereof) with or without Modifications, |
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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 |
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this License. |
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(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) |
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for 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 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) Licensable |
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by Contributor, to use, reproduce, modify, display, perform, sublicense and |
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distribute the Modifications created by such Contributor (or portions thereof) |
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either on an unmodified basis, with other Modifications, as Covered Code and/or |
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as part of a Larger Work; and |
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(b) under Patent Claims infringed by the making, using, or selling of Modifications |
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made by that Contributor either alone and/or in combination with its Contributor |
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Version (or portions of such combination), to make, use, sell, offer for sale, |
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have made, and/or otherwise dispose of: 1) Modifications made by that Contributor |
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(or portions thereof); and 2) the combination of Modifications made by that |
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Contributor with its Contributor Version (or 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) |
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for any code that Contributor has deleted from the Contributor Version; 2) |
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separate from the Contributor Version; 3) for infringements caused by: i) |
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third party modifications of Contributor Version or ii) the combination of |
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Modifications made by that Contributor with other software (except as part |
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of the Contributor Version) or other devices; or 4) under Patent Claims infringed |
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by Covered Code 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 |
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by the terms of this License, including without limitation Section 2.2. The |
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Source Code version of Covered Code may be distributed only under the terms |
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of this License or a future version of this License released under Section |
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6.1, and You must include a copy of this License with every copy of the Source |
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Code You distribute. You may not offer or impose any terms on any Source Code |
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version that alters or restricts the applicable version of this License or |
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the recipients' rights hereunder. However, You may include an additional document |
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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 |
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if made available via Electronic Distribution Mechanism, must remain available |
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for at least twelve (12) months after the date it initially became available, |
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or at 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 Distribution |
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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 |
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of any change. You must include a prominent statement that the Modification |
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is 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. If Contributor has knowledge that a license under |
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a third party's intellectual property rights is required to exercise the rights |
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granted by such Contributor under Sections 2.1 or 2.2, Contributor must include |
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a text file 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 thereafter |
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and shall take other steps (such as notifying appropriate mailing lists or |
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newsgroups) reasonably calculated to inform those who received the Covered |
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Code that new knowledge has been obtained. |
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(b) Contributor APIs. If Contributor's Modifications include an application |
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programming interface and Contributor has knowledge of patent licenses which |
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are reasonably necessary to implement that API, Contributor must also include |
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this information in the LEGAL file. |
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(c) Representations. Contributor represents that, except as disclosed pursuant |
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to Section 3.4(a) above, Contributor believes that Contributor's Modifications |
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are Contributor's original creation(s) and/or Contributor has sufficient rights |
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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. |
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If it is not possible to put such notice in a particular Source Code file |
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due to its structure, then You must include such notice in a location (such |
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as a relevant directory) where a user would be likely to look for such a notice. |
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If 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 |
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in any documentation for the Source Code where You describe recipients' rights |
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or ownership rights relating to Covered Code. You may choose to offer, and |
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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 |
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Your own behalf, and not on behalf of the Initial Developer or any Contributor. |
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You must make it absolutely clear than any such warranty, support, indemnity |
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or 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 |
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the 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 |
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of Section 3.1-3.5 have been met for that Covered Code, and if You include |
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a 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 |
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You 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 Covered |
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Code. You may distribute the Executable version of Covered Code or ownership |
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rights under a license of Your choice, which may contain terms different from |
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this License, provided that You are in compliance with the terms of this License |
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and that the license for the Executable version does not attempt to limit |
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or alter the recipient's rights in the Source Code version from the rights |
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set forth in this License. If You distribute the Executable version under |
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a different license You must make it absolutely clear that any terms which |
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differ from this License are offered by You alone, not by the Initial Developer, |
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Original Developer or any Contributor. You hereby agree to indemnify the Initial |
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Developer, Original Developer and every Contributor for any liability incurred |
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by the Initial Developer, Original Developer or such Contributor as a result |
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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 |
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the maximum extent possible; and (b) describe the limitations and the code |
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they affect. Such description must be included in the LEGAL file described |
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in 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 |
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must be sufficiently detailed for a recipient of ordinary skill to be able |
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to 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 versions of |
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the License from time to time. Each version will be given a distinguishing |
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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 |
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also choose to use such Covered Code under the terms of any subsequent version |
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of the License published by Socialtext. No one other than Socialtext has the |
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right 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 |
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do in order to apply it to code which is not already Covered Code governed |
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by this License), You must (a) rename Your license so that the phrases "Socialtext", |
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"CPAL" or any confusingly similar phrase do not appear in your license (except |
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to note that your license differs from this License) and (b) otherwise make |
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it clear that Your version of the license contains terms which differ from |
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the CPAL. (Filling in the name of the Initial Developer, Original Developer, |
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Original Code or Contributor in the notice described in Exhibit A shall not |
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of themselves be deemed to be modifications of 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, WITHOUT WARRANTY |
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OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES |
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THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR |
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PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE |
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OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN |
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ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL DEVELOPER OR ANY OTHER |
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CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. |
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THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. |
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NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT 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 |
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30 days of becoming aware of the breach. All sublicenses to the Covered Code |
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which are properly granted shall survive any termination of this License. |
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Provisions which, by their nature, must remain in effect beyond the termination |
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of this License shall survive. |
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8.2 If You initiate litigation by asserting a patent infringement claim (excluding |
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declatory judgment actions) against Initial Developer, Original Developer |
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or a Contributor (the Initial Developer, Original Developer or Contributor |
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against whom You file such action is referred to as "Participant") alleging |
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that: |
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(a) such Participant's Contributor Version directly or indirectly infringes |
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any patent, then any and all rights granted by such Participant to You under |
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Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant |
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terminate prospectively, unless if within 60 days after receipt of notice |
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You either: (i) agree in writing to pay Participant a mutually agreeable reasonable |
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royalty for Your past and future use of Modifications made by such Participant, |
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or (ii) withdraw Your litigation claim with respect to the Contributor Version |
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against such Participant. If within 60 days of notice, a reasonable royalty |
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and payment arrangement are not mutually agreed upon in writing by the parties |
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or the litigation claim is not withdrawn, the rights granted by Participant |
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to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration |
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of the 60 day notice period specified above. |
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(b) any software, hardware, or device, other than such Participant's Contributor |
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Version, directly or indirectly infringes any patent, then any rights granted |
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to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective |
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as of the date You first made, used, sold, distributed, or had made, Modifications |
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made by that Participant. |
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8.3 If You assert a patent infringement claim against Participant alleging |
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that 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, |
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EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. |
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THIS 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 LAW |
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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 LIMITATION |
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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 48 C.F.R. |
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2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial |
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computer software documentation," as such terms are used in 48 C.F.R. 12.212 |
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(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through |
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227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code |
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with only those rights set forth herein. |
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11. MISCELLANEOUS. |
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This License represents the complete agreement concerning subject matter hereof. |
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If any provision of this License is held to be unenforceable, such provision |
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shall be reformed only to the extent necessary to make it enforceable. This |
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License shall be governed by California law provisions (except to the extent |
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applicable law, if any, provides otherwise), excluding its conflict-of-law |
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provisions. With respect to disputes in which at least one party is a citizen |
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of, or an entity chartered or registered to do business in the United States |
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of America, any litigation relating to this License shall be subject to the |
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jurisdiction of the Federal Courts of the Northern District of California, |
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with venue lying in Santa Clara County, California, with the losing party |
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responsible for costs, including without limitation, court costs and reasonable |
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attorneys' fees and expenses. The application of the United Nations Convention |
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on Contracts for the International Sale of Goods is expressly excluded. Any |
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law or regulation which provides that the language of a contract shall be |
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construed against the drafter shall not apply to this 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 |
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with Initial Developer, Original Developer and Contributors to distribute |
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such responsibility on an equitable basis. Nothing herein is intended or shall |
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be 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-Licensed. |
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Multiple-Licensed means that the Initial Developer permits you to utilize |
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portions of the Covered Code under Your choice of the CPAL or the alternative |
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licenses, if any, specified by the Initial Developer in the file described |
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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 may help |
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justify the time, money and effort invested in writing the Original Code, |
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the Original Developer may include in Exhibit B ("Attribution Information") |
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a requirement that each time an Executable and Source Code or a Larger Work |
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is launched or initially run (which includes initiating a session), a prominent |
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display of the Original Developer's Attribution Information (as defined below) |
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must occur on the graphic user interface employed by the end user to access |
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such Covered Code (which may include display on a splash screen), if any. |
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The size of the graphic image should be consistent with the size of the other |
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elements of the Attribution Information. If the access by the end user to |
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the Executable and Source Code does not create a graphic user interface for |
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access to the Covered Code, this obligation shall not apply. If the Original |
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Code displays such Attribution Information in a particular form (such as in |
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the form of a splash screen, notice at login, an "about" display, or dedicated |
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attribution area on user interface screens), continued use of such form for |
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that Attribution Information is one way of meeting this requirement for notice. |
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(b) Attribution information may only include a copyright notice, a brief phrase, |
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graphic image and a URL ("Attribution Information") and is subject to the |
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Attribution Limits as defined below. For these purposes, prominent shall mean |
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display for sufficient duration to give reasonable notice to the user of the |
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identity of the Original Developer and that if You include Attribution Information |
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or similar information for other parties, You must ensure that the Attribution |
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Information for the Original Developer shall be no less prominent than such |
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Attribution Information or similar information for the other party. For greater |
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certainty, the Original Developer may choose to specify in Exhibit B below |
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that the above attribution requirement only applies to an Executable and Source |
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Code resulting from the Original Code or any Modification, but not a Larger |
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Work. The intent is to provide for reasonably modest attribution, therefore |
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the Original Developer cannot require that You display, at any time, more |
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than the following information as Attribution Information: (a) a copyright |
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notice including the name of the Original Developer; (b) a word or one phrase |
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(not exceeding 10 words); (c) one graphic image provided by the Original Developer; |
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and (d) a URL (collectively, the "Attribution Limits"). |
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(c) If Exhibit B does not include any Attribution Information, then there |
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are no requirements for You to display any Attribution Information of the |
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Original 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 |
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Code are the exclusive property of their owners and may only be used with |
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the permission of their owners, or under circumstances otherwise permitted |
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by law 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 communication |
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of the Original Code or Modifications in any way such that the Original Code |
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or Modifications may be used by anyone other than You, whether those works |
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are distributed or communicated to those persons or made available as an application |
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intended for use over a network. As an express condition for the grants of |
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license hereunder, You must treat any External Deployment by You of the Original |
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Code or Modifications as a distribution under section 3.1 and make Source |
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Code available under Section 3.2. EXHIBIT A. Common Public Attribution License |
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Version 1.0. |
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"The contents of this file are subject to the Common Public Attribution License |
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Version 1.0 (the "License"); you may not use this file except in compliance |
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with the License. You may obtain a copy of the License at _____________ . |
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The License is based on the Mozilla Public License Version 1.1 but Sections |
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14 and 15 have been added to cover use of software over a computer network |
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and provide for limited attribution for the Original Developer. In addition, |
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Exhibit A has been modified to be consistent with Exhibit B. |
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Software distributed under the License is distributed on an "AS IS" basis, |
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WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for |
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the specific language governing rights and limitations under the License. |
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The Original Code is ______________________ . |
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The Original Developer is not the Initial Developer and is __________ . If |
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left blank, the Original Developer is the Initial Developer. |
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The Initial Developer of the Original Code is ____________ . All portions |
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of the code written by ___________ are Copyright (c) _____ . All Rights Reserved. |
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Contributor ______________________ . |
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Alternatively, the contents of this file may be used under the terms of the |
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_____ license (the [___] License), in which case the provisions of [______] |
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License are applicable instead of those above. |
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If you wish to allow use of your version of this file only under the terms |
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of the [____] License and not to allow others to use your version of this |
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file under the CPAL, indicate your decision by deleting the provisions above |
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and replace them with the notice and other provisions required by the [___] |
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License. If you do not delete the provisions above, a recipient may use your |
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version of this file under either the CPAL or the [___] License." |
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[NOTE: The text of this Exhibit A may differ slightly from the text of the |
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notices in the Source Code files of the Original Code. You should use the |
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text of this Exhibit A rather than the text found in the Original Code Source |
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Code for Your Modifications.] |
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EXHIBIT B. Attribution Information |
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Attribution Copyright Notice: _______________________ |
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Attribution Phrase (not exceeding 10 words): _______________________ |
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Attribution URL: _______________________ |
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Graphic Image as provided in the Covered Code, if any. |
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Display of Attribution Information is [required/not required] in Larger Works |
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which are defined in the CPAL as a work which combines Covered Code or portions |
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thereof with code not governed by the terms of the CPAL.
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