[gentoo-commits] gentoo-x86 commit in licenses: CPAL-1.0

[Mike Frysinger (vapier)]

vapier      10/12/01 13:45:00

  Added:                CPAL-1.0
  Log:
  new license for openproj-bin

Revision  Changes    Path
1.1                  licenses/CPAL-1.0

file : http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/CPAL-1.0?rev=1.1&view=markup
plain: http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/CPAL-1.0?rev=1.1&content-type=text/plain

Index: CPAL-1.0
===================================================================
Common Public Attribution License Version 1.0 (CPAL)
1. "Definitions"
1.0.1 "Commercial Use" means distribution or otherwise making the Covered Code 
available to a third party.
1.1 "Contributor" means each entity that creates or contributes to the creation 
of Modifications.
1.2 "Contributor Version" means the combination of the Original Code, prior 
Modifications used by a Contributor, and the Modifications made by that 
particular Contributor.
1.3 "Covered Code" means the Original Code or Modifications or the combination 
of the Original Code and Modifications, in each case including portions thereof.
1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted in 
the software development community for the electronic transfer of data.
1.5 "Executable" means Covered Code in any form other than Source Code.
1.6 "Initial Developer" means the individual or entity identified as the 
Initial Developer in the Source Code notice required by Exhibit A.
1.7 "Larger Work" means a work which combines Covered Code or portions thereof 
with code not governed by the terms of this License.
1.8 "License" means this document.
1.8.1 "Licensable" means having the right to grant, to the maximum extent 
possible, whether at the time of the initial grant or subsequently acquired, 
any and all of the rights conveyed herein.
1.9 "Modifications" means any addition to or deletion from the substance or 
structure of either the Original Code or any previous Modifications. When 
Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original 
Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous 
Modifications.
1.10 "Original Code" means Source Code of computer software code which is 
described in the Source Code notice required by Exhibit A as Original Code, and 
which, at the time of its release under this License is not already Covered 
Code governed by this License.
1.10.1 "Patent Claims" means any patent claim(s), now owned or hereafter 
acquired, including without limitation, method, process, and apparatus claims, 
in any patent Licensable by grantor.
1.11 "Source Code" means the preferred form of the Covered Code for making 
modifications to it, including all modules it contains, plus any associated 
interface definition files, scripts used to control compilation and 
installation of an Executable, or source code differential comparisons against 
either the Original Code or another well known, available Covered Code of the 
Contributor’s choice. The Source Code can be in a compressed or archival 
form, provided the appropriate decompression or de-archiving software is widely 
available for no charge.
1.12 "You" (or "Your") means an individual or a legal entity exercising rights 
under, and complying with all of the terms of, this License or a future version 
of this License issued under Section 6.1. For legal entities, "You" includes 
any entity which controls, is controlled by, or is under common control with 
You. For purposes of this definition, "control" means (a) the power, direct or 
indirect, to cause the direction or management of such entity, whether by 
contract or otherwise, or (b) ownership of more than fifty percent (50%) of the 
outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1 The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, 
non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) 
Licensable by Initial Developer to use, reproduce, modify, display, perform, 
sublicense and distribute the Original Code (or portions thereof) with or 
without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original 
Code, to make, have made, use, practice, sell, and offer for sale, and/or 
otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the 
date Initial Developer first distributes Original Code under the terms of this 
License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for 
code that You delete from the Original Code; 2) separate from the Original 
Code; or 3) for infringements caused by: i) the modification of the Original 
Code or ii) the combination of the Original Code with other software or devices.
2.2 Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby 
grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) 
Licensable by Contributor, to use, reproduce, modify, display, perform, 
sublicense and distribute the Modifications created by such Contributor (or 
portions thereof) either on an unmodified basis, with other Modifications, as 
Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of 
Modifications made by that Contributor either alone and/or in combination with 
its Contributor Version (or portions of such combination), to make, use, sell, 
offer for sale, have made, and/or otherwise dispose of: 1) Modifications made 
by that Contributor (or portions thereof); and 2) the combination of 
Modifications made by that Contributor with its Contributor Version (or 
portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the 
date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for 
any code that Contributor has deleted from the Contributor Version; 2) separate 
from the Contributor Version; 3) for infringements caused by: i) third party 
modifications of Contributor Version or ii) the combination of Modifications 
made by that Contributor with other software (except as part of the Contributor 
Version) or other devices; or 4) under Patent Claims infringed by Covered Code 
in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1 Application of License.
The Modifications which You create or to which You contribute are governed by 
the terms of this License, including without limitation Section 2.2. The Source 
Code version of Covered Code may be distributed only under the terms of this 
License or a future version of this License released under Section 6.1, and You 
must include a copy of this License with every copy of the Source Code You 
distribute. You may not offer or impose any terms on any Source Code version 
that alters or restricts the applicable version of this License or the 
recipients’ rights hereunder. However, You may include an additional document 
offering the additional rights described in Section 3.5.
3.2 Availability of Source Code.
Any Modification which You create or to which You contribute must be made 
available in Source Code form under the terms of this License either on the 
same media as an Executable version or via an accepted Electronic Distribution 
Mechanism to anyone to whom you made an Executable version available; and if 
made available via Electronic Distribution Mechanism, must remain available for 
at least twelve (12) months after the date it initially became available, or at 
least six (6) months after a subsequent version of that particular Modification 
has been made available to such recipients. You are responsible for ensuring 
that the Source Code version remains available even if the Electronic 
Distribution Mechanism is maintained by a third party.
3.3 Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file 
documenting the changes You made to create that Covered Code and the date of 
any change. You must include a prominent statement that the Modification is 
derived, directly or indirectly, from Original Code provided by the Initial 
Developer and including the name of the Initial Developer in (a) the Source 
Code, and (b) in any notice in an Executable version or related documentation 
in which You describe the origin or ownership of the Covered Code.
3.4 Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party’s 
intellectual property rights is required to exercise the rights granted by such 
Contributor under Sections 2.1 or 2.2, Contributor must include a text file 
with the Source Code distribution titled "LEGAL" which describes the claim and 
the party making the claim in sufficient detail that a recipient will know whom 
to contact. If Contributor obtains such knowledge after the Modification is 
made available as described in Section 3.2, Contributor shall promptly modify 
the LEGAL file in all copies Contributor makes available thereafter and shall 
take other steps (such as notifying appropriate mailing lists or newsgroups) 
reasonably calculated to inform those who received the Covered Code that new 
knowledge has been obtained.
(b) Contributor APIs.
If Contributor’s Modifications include an application programming interface 
and Contributor has knowledge of patent licenses which are reasonably necessary 
to implement that API, Contributor must also include this information in the 
LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a) 
above, Contributor believes that Contributor’s Modifications are 
Contributor’s original creation(s) and/or Contributor has sufficient rights 
to grant the rights conveyed by this License.
3.5 Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If 
it is not possible to put such notice in a particular Source Code file due to 
its structure, then You must include such notice in a location (such as a 
relevant directory) where a user would be likely to look for such a notice. If 
You created one or more Modification(s) You may add your name as a Contributor 
to the notice described in Exhibit A. You must also duplicate this License in 
any documentation for the Source Code where You describe recipients’ rights 
or ownership rights relating to Covered Code. You may choose to offer, and to 
charge a fee for, warranty, support, indemnity or liability obligations to one 
or more recipients of Covered Code. However, You may do so only on Your own 
behalf, and not on behalf of the Initial Developer or any Contributor. You must 
make it absolutely clear than any such warranty, support, indemnity or 
liability obligation is offered by You alone, and You hereby agree to indemnify 
the Initial Developer and every Contributor for any liability incurred by the 
Initial Developer or such Contributor as a result of warranty, support, 
indemnity or liability terms You offer.
3.6 Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of 
Section 3.1-3.5 have been met for that Covered Code, and if You include a 
notice stating that the Source Code version of the Covered Code is available 
under the terms of this License, including a description of how and where You 
have fulfilled the obligations of Section 3.2. The notice must be conspicuously 
included in any notice in an Executable version, related documentation or 
collateral in which You describe recipients’ rights relating to the Covered 
Code. You may distribute the Executable version of Covered Code or ownership 
rights under a license of Your choice, which may contain terms different from 
this License, provided that You are in compliance with the terms of this 
License and that the license for the Executable version does not attempt to 
limit or alter the recipient’s rights in the Source Code version from the 
rights set forth in this License. If You distribute the Executable version 
under a different license You must make it absolutely clear that any terms 
which differ from this License are offered by You alone, not by the Initial 
Developer, Original Developer or any Contributor. You hereby agree to indemnify 
the Initial Developer, Original Developer and every Contributor for any 
liability incurred by the Initial Developer, Original Developer or such 
Contributor as a result of any such terms You offer.
3.7 Larger Works.
You may create a Larger Work by combining Covered Code with other code not 
governed by the terms of this License and distribute the Larger Work as a 
single product. In such a case, You must make sure the requirements of this 
License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License 
with respect to some or all of the Covered Code due to statute, judicial order, 
or regulation then You must: (a) comply with the terms of this License to the 
maximum extent possible; and (b) describe the limitations and the code they 
affect. Such description must be included in the LEGAL file described in 
Section 3.4 and must be included with all distributions of the Source Code. 
Except to the extent prohibited by statute or regulation, such description must 
be sufficiently detailed for a recipient of ordinary skill to be able to 
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the 
notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1 New Versions.
Socialtext, Inc. ("Socialtext") may publish revised and/or new versions of the 
License from time to time. Each version will be given a distinguishing version 
number.
6.2 Effect of New Versions.
Once Covered Code has been published under a particular version of the License, 
You may always continue to use it under the terms of that version. You may also 
choose to use such Covered Code under the terms of any subsequent version of 
the License published by Socialtext. No one other than Socialtext has the right 
to modify the terms applicable to Covered Code created under this License.
6.3 Derivative Works.
If You create or use a modified version of this License (which you may only do 
in order to apply it to code which is not already Covered Code governed by this 
License), You must (a) rename Your license so that the phrases "Socialtext", 
"CPAL" or any confusingly similar phrase do not appear in your license (except 
to note that your license differs from this License) and (b) otherwise make it 
clear that Your version of the license contains terms which differ from the 
CPAL. (Filling in the name of the Initial Developer, Original Developer, 
Original Code or Contributor in the notice described in Exhibit A shall not of 
themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT 
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT 
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, 
FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE 
QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED 
CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL 
DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, 
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART 
OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT 
UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1 This License and the rights granted hereunder will terminate automatically 
if You fail to comply with terms herein and fail to cure such breach within 30 
days of becoming aware of the breach. All sublicenses to the Covered Code which 
are properly granted shall survive any termination of this License. Provisions 
which, by their nature, must remain in effect beyond the termination of this 
License shall survive.
8.2 If You initiate litigation by asserting a patent infringement claim 
(excluding declatory judgment actions) against Initial Developer, Original 
Developer or a Contributor (the Initial Developer, Original Developer or 
Contributor against whom You file such action is referred to as "Participant") 
alleging that:
(a) such Participant’s Contributor Version directly or indirectly infringes 
any patent, then any and all rights granted by such Participant to You under 
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from 
Participant terminate prospectively, unless if within 60 days after receipt of 
notice You either: (i) agree in writing to pay Participant a mutually agreeable 
reasonable royalty for Your past and future use of Modifications made by such 
Participant, or (ii) withdraw Your litigation claim with respect to the 
Contributor Version against such Participant. If within 60 days of notice, a 
reasonable royalty and payment arrangement are not mutually agreed upon in 
writing by the parties or the litigation claim is not withdrawn, the rights 
granted by Participant to You under Sections 2.1 and/or 2.2 automatically 
terminate at the expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant’s 
Contributor Version, directly or indirectly infringes any patent, then any 
rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are 
revoked effective as of the date You first made, used, sold, distributed, or 
had made, Modifications made by that Participant.
8.3 If You assert a patent infringement claim against Participant alleging that 
such Participant’s Contributor Version directly or indirectly infringes any 
patent where such claim is resolved (such as by license or settlement) prior to 
the initiation of patent infringement litigation, then the reasonable value of 
the licenses granted by such Participant under Sections 2.1 or 2.2 shall be 
taken into account in determining the amount or value of any payment or license.
8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user 
license agreements (excluding distributors and resellers) which have been 
validly granted by You or any distributor hereunder prior to termination shall 
survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING 
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ORIGINAL 
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY 
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, 
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, 
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER 
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN 
IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS 
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL 
INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW 
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR 
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND 
LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 
2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial 
computer software documentation," as such terms are used in 48 C.F.R. 12.212 
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with 
only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter 
hereof. If any provision of this License is held to be unenforceable, such 
provision shall be reformed only to the extent necessary to make it 
enforceable. This License shall be governed by California law provisions 
(except to the extent applicable law, if any, provides otherwise), excluding 
its conflict-of-law provisions. With respect to disputes in which at least one 
party is a citizen of, or an entity chartered or registered to do business in 
the United States of America, any litigation relating to this License shall be 
subject to the jurisdiction of the Federal Courts of the Northern District of 
California, with venue lying in Santa Clara County, California, with the losing 
party responsible for costs, including without limitation, court costs and 
reasonable attorneys’ fees and expenses. The application of the United 
Nations Convention on Contracts for the International Sale of Goods is 
expressly excluded. Any law or regulation which provides that the language of a 
contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer, Original Developer and the Contributors, each 
party is responsible for claims and damages arising, directly or indirectly, 
out of its utilization of rights under this License and You agree to work with 
Initial Developer, Original Developer and Contributors to distribute such 
responsibility on an equitable basis. Nothing herein is intended or shall be 
deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as 
Multiple-Licensed. Multiple-Licensed means that the Initial Developer permits 
you to utilize portions of the Covered Code under Your choice of the CPAL or 
the alternative licenses, if any, specified by the Initial Developer in the 
file described in Exhibit A.
14. ADDITIONAL TERM: ATTRIBUTION
(a) As a modest attribution to the organizer of the development of the Original 
Code ("Original Developer"), in the hope that its promotional value may help 
justify the time, money and effort invested in writing the Original Code, the 
Original Developer may include in Exhibit B ("Attribution Information") a 
requirement that each time an Executable and Source Code or a Larger Work is 
launched or initially run (which includes initiating a session), a prominent 
display of the Original Developer’s Attribution Information (as defined 
below) must occur on the graphic user interface employed by the end user to 
access such Covered Code (which may include display on a splash screen), if 
any. The size of the graphic image should be consistent with the size of the 
other elements of the Attribution Information. If the access by the end user to 
the Executable and Source Code does not create a graphic user interface for 
access to the Covered Code, this obligation shall not apply. If the Original 
Code displays such Attribution Information in a particular form (such as in the 
form of a splash screen, notice at login, an "about" display, or dedicated 
attribution area on user interface screens), continued use of such form for 
that Attribution Information is one way of meeting this requirement for notice.
(b) Attribution information may only include a copyright notice, a brief 
phrase, graphic image and a URL ("Attribution Information") and is subject to 
the Attribution Limits as defined below. For these purposes, prominent shall 
mean display for sufficient duration to give reasonable notice to the user of 
the identity of the Original Developer and that if You include Attribution 
Information or similar information for other parties, You must ensure that the 
Attribution Information for the Original Developer shall be no less prominent 
than such Attribution Information or similar information for the other party. 
For greater certainty, the Original Developer may choose to specify in Exhibit 
B below that the above attribution requirement only applies to an Executable 
and Source Code resulting from the Original Code or any Modification, but not a 
Larger Work. The intent is to provide for reasonably modest attribution, 
therefore the Original Developer cannot require that You display, at any time, 
more than the following information as Attribution Information: (a) a copyright 
notice including the name of the Original Developer; (b) a word or one phrase 
(not exceeding 10 words); (c) one graphic image provided by the Original 
Developer; and (d) a URL (collectively, the "Attribution Limits").
(c) If Exhibit B does not include any Attribution Information, then there are 
no requirements for You to display any Attribution Information of the Original 
Developer.
(d) You acknowledge that all trademarks, service marks and/or trade names 
contained within the Attribution Information distributed with the Covered Code 
are the exclusive property of their owners and may only be used with the 
permission of their owners, or under circumstances otherwise permitted by law 
or as expressly set out in this License.
15. ADDITIONAL TERM: NETWORK USE.
The term "External Deployment" means the use, distribution, or communication of 
the Original Code or Modifications in any way such that the Original Code or 
Modifications may be used by anyone other than You, whether those works are 
distributed or communicated to those persons or made available as an 
application intended for use over a network. As an express condition for the 
grants of license hereunder, You must treat any External Deployment by You of 
the Original Code or Modifications as a distribution under section 3.1 and make 
Source Code available under Section 3.2.

EXHIBIT A. Common Public Attribution License Version 1.0.
"The contents of this file are subject to the Common Public Attribution License 
Version 1.0 (the "License"); you may not use this file except in compliance 
with the License. You may obtain a copy of the License at _____________. The 
License is based on the Mozilla Public License Version 1.1 but Sections 14 and 
15 have been added to cover use of software over a computer network and provide 
for limited attribution for the Original Developer. In addition, Exhibit A has 
been modified to be consistent with Exhibit B.
Software distributed under the License is distributed on an "AS IS" basis, 
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for 
the specific language governing rights and limitations under the License.
The Original Code is______________________.
The Original Developer is not the Initial Developer and is __________. If left 
blank, the Original Developer is the Initial Developer.
The Initial Developer of the Original Code is ____________. All portions of the 
code written by ___________ are Copyright (c) _____. All Rights Reserved.
Contributor ______________________.
Alternatively, the contents of this file may be used under the terms of the 
_____ license (the [___] License), in which case the provisions of [______] 
License are applicable instead of those above.
If you wish to allow use of your version of this file only under the terms of 
the [____] License and not to allow others to use your version of this file 
under the CPAL, indicate your decision by deleting the provisions above and 
replace them with the notice and other provisions required by the [___] 
License. If you do not delete the provisions above, a recipient may use your 
version of this file under either the CPAL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of the 
notices in the Source Code files of the Original Code. You should use the text 
of this Exhibit A rather than the text found in the Original Code Source Code 
for Your Modifications.]

EXHIBIT B. Attribution Information
Attribution Copyright Notice: _______________________
Attribution Phrase (not exceeding 10 words): _______________________
Attribution URL: _______________________
Graphic Image as provided in the Covered Code, if any.
Display of Attribution Information is [required/not required] in Larger Works 
which are defined in the CPAL as a work which combines Covered Code or portions 
thereof with code not governed by the terms of the CPAL.