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Common Public Attribution License 1.0 | Software Package Data Exchange (SPDX)
Common Public Attribution License 1.0
Full name
Common Public Attribution License 1.0
Short identifier
CPAL-1.0
Other web pages for this license
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Text
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 Code
available to a third party.
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1.1
"Contributor" means each entity that creates or contributes to the creation of
Modifications.
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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.
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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.
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1.4
"Electronic Distribution Mechanism" means a mechanism generally accepted 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
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 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 possible,
whether at the time of the initial grant or subsequently acquired, 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 structure
of either the Original Code or any previous Modifications. When 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 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 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.
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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.
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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.
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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.
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2.
Source Code License.
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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:
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(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
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(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).
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(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.
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(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.
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2.2
Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby 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 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
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(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).
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(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.
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(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.
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3.
Distribution Obligations.
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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.
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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.
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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.
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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 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.
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(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.
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(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.
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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.
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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.
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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.
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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.
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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.
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6.
Versions of the License.
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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.
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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.
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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.)
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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.
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8.
TERMINATION.
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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.
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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:
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(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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 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.
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(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").
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(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.
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(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.
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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.
Standard License Header
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.
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