Skip to content

HTTPS clone URL

Subversion checkout URL

You can clone with HTTPS or Subversion.

Download ZIP
Fetching contributors…

Cannot retrieve contributors at this time

546 lines (458 sloc) 28.269 kb
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 portion
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 Yo
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 requirement
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
http://opensource.org/licenses/cpal_1.0. 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 OpenACD.
The Initial Developers of the Original Code is
Andrew Thompson and Micah Warren.
All portions of the code written by the Initial Developers are Copyright
(c) 2008-2009 SpiceCSM.
All Rights Reserved.
Contributor(s):
Andrew Thompson <andrew at hijacked dot us>
Micah Warren <micahw at fusedsolutions dot com>
[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: Copyright 2008-2009 SpiceCSM
Attribution Phrase (not exceeding 10 words): Powered by SpiceCSM
Attribution URL: http://www.opencsm.org/
Graphic Image as provided in the Covered Code, if any.
Display of Attribution Information is 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.
Jump to Line
Something went wrong with that request. Please try again.