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I. Socialtext Public License 1.0.0:
1. Definitions.
1.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.2. ''Contributor'' means each entity that creates or contributes to
the creation of Modifications.
1.3. ''Contributor Version'' means the combination of the Original
Code, prior Modifications used by a Contributor, and the
Modifications made by that particular Contributor.
1.4. ''Covered Code'' means the Original Code or Modifications or
the combination of the Original Code and Modifications, in each
case including portions thereof.
1.5. ''Electronic Distribution Mechanism'' means a mechanism
generally accepted in the software development community for the
electronic transfer of data.
1.6. ''Executable'' means Covered Code in any form other than
Source Code.
1.7. ''Initial Developer'' means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit
A.
1.8. ''Larger Work'' means a work which combines Covered Code or
portions thereof with code not governed by the terms of this
License.
1.9. ''License'' means this document.
1.10. "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.
1.11. ''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.
1.12. ''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.
1.13. "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.
1.14. ''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.
1.15. "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 or provided over a network as a service to end users
(Otherwise Provided) whether hosted by You or a third party 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 or
Otherwise Provide. 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: (i) to SocialText or
SocialText’s successor or assignee, including, without limitation,
the trustee of a trust to which SocialText assigns its rights in the
Covered Code; and (ii) 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 or Otherwise Provide 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
or Otherwise Provide 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 or any Contributor. 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 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.
3.8. Network Use. If the Covered Code as You received it is intended
to interact with users through a computer network and if, in the
version You received, such a user has the opportunity to request
transmission to that user (whether through an Electronic
Distribution Mechanism or otherwise) of the complete Source Code
of the Covered Code, You must not remove that facility from the
Contributor Version, and must offer an equivalent opportunity for
all users interacting with the Contributor Version through a
computer network to request immediate transmission by HTTP of
the complete Source Code of the Contributor Version.
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'', ''SPL'' 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 Socialtext Public License. (Filling in the name of the Initial
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 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 declaratory judgment actions) against Initial
Developer or a Contributor (the Initial 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, 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 San Mateo 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 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 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 SPL or the alternative licenses, if any,
specified by the Initial Developer in the file described in Exhibit A.
II. Socialtext Public License 1.0.0 - Exhibit A
The contents of this file are subject to the Socialtext Public License
Version 1.0.0 ("License"); You may not use this file except in
compliance with the License. You may obtain a copy of the License
at http://www.socialtext.net/stoss/
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: Socialtext Open Source Editions
The Initial Developer of the Original Code is Socialtext, Inc.
Portions created by Socialtext are Copyright (C) 2002-2006
Socialtext, Inc.;
All Rights Reserved.
Contributor(s): ______________________________________.
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.
III. Socialtext Public License 1.0.0 - Exhibit B
Additional Terms applicable to the Socialtext Public License.
1. Effect.
These additional terms described in this Socialtext Public License,
Additional Terms shall apply to the Covered Code under this
License.
2. Socialtext and logo.
This License does not grant any rights to use the trademarks
"Socialtext" and the "Socialtext" logo and Dreamcatcher, even if
such marks are included in the Original Code or Modifications.
However, in addition to the other notice obligations, all copies of
the Covered Code in Executable and Source Code form distributed
must, as a form of attribution of the original author, include on
each user interface screen (i) the "Powered by Socialtext Open
Source Edition" logo and (ii) the copyright notice in the same form
as the latest version of the Covered Code distributed by Socialtext,
Inc. at the time of distribution of such copy. In addition, the
"Powered by Socialtext" logo must be visible to all users and be
located at the very bottom center of each user interface screen.
Notwithstanding the above, the dimensions of the "Powered By
Socialtext" logo must be at least 100x25 pixels. When users click on
the "Powered by Socialtext Open Source Edition" logo it must direct
them back to http://www.socialtext.net/stoss. In addition, the
copyright notice must remain visible to all users at all times at the
bottom of the user interface screen. When users click on the
copyright notice, it must direct them back to
http://www.socialtext.net/stoss.