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Full name
Zimbra Public License v1.3
Short identifier
Zimbra-1.3
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Text
Zimbra Public License, Version 1.3 (ZPL)
This Zimbra Public License (this "Agreement") is a legal agreement that describes the terms under which
VMware, Inc., a Delaware corporation having its principal place of business at 3401 Hillview Avenue,
Palo Alto, California 94304 ("VMware") will provide software to you via download or otherwise
("Software"). By using the Software, you, an individual or an entity ("You") agree to the terms of
this Agreement.
In consideration of the mutual promises and upon the terms and conditions set forth below, the parties
agree as follows:
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1.
Grant of Copyright License
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1.1 -
Subject to the terms and conditions of this Agreement, VMware hereby grants to You, under any
and all of its copyright interest in and to the Software, a royalty-free, non-exclusive,
non-transferable license to copy, modify, compile, execute, and distribute the Software and
Modifications. For the purposes of this Agreement, any change to, addition to, or abridgement
of the Software made by You is a "Modification;" however, any file You add to the Software
that does not contain any part of the Software is not a "Modification."
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1.2 -
If You are an individual acting on behalf of a corporation or other entity, Your use of the
Software or any Modification is subject to Your having the authority to bind such corporation
or entity to this Agreement. Providing copies to persons within such corporation or entity is
not considered distribution for purposes of this Agreement.
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1.3 -
For the Software or any Modification You distribute in source code format, You must do so only
under the terms of this Agreement, and You must include a complete copy of this Agreement with
Your distribution. With respect to any Modification You distribute in source code format, the
terms of this Agreement will apply to You in the same way those terms apply to VMware with
respect to the Software. In other words, when You are distributing Modifications under this
Agreement, You "stand in the shoes" of VMware in terms of the rights You grant and how the
terms and conditions apply to You and the licensees of Your Modifications. Notwithstanding the
foregoing, when You "stand in the shoes" of VMware, You are not subject to the jurisdiction
provision under Section 7, which requires all disputes under this Agreement to be subject to
the jurisdiction of federal or state courts of northern California.
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1.4 -
For the Software or any Modification You distribute in compiled or object code format, You must
also provide recipients with access to the Software or Modification in source code format
along with a complete copy of this Agreement. The distribution of the Software or
Modifications in compiled or object code format may be under a license of Your choice,
provided that You are in compliance with the terms of this Agreement. In addition, You must
make absolutely clear that any license terms applying to such Software or Modification that
differ from this Agreement are offered by You alone and not by VMware, and that such license
does not restrict recipients from exercising rights in the source code to the Software granted
by VMware under this Agreement or rights in the source code to any Modification granted by You
as described in Section 1.3.
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1.5 -
This Agreement does not limit Your right to distribute files that are entirely Your own work
(i.e., which do not incorporate any portion of the Software and are not Modifications) under
any terms You choose.
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2.
Support
VMware has no obligation to provide technical support or updates to You. Nothing in this
Agreement requires VMware to enter into any license with You for any other edition of
the Software.
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3.
Intellectual Property Rights
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3.1 -
Except for the license expressly granted under copyright in Section 1.1, no rights, licenses or
forbearances are granted or may arise in relation to this Agreement whether expressly, by
implication, exhaustion, estoppel or otherwise. All rights, including all intellectual
property rights, that are not expressly granted under this Agreement are hereby reserved.
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3.2 -
In any copy of the Software or in any Modification you create, You must retain and reproduce,
any and all copyright, patent, trademark, and attribution notices that are included in the
Software in the same form as they appear in the Software. This includes the preservation of
attribution notices in the form of trademarks or logos that exist within a user interface of
the Software.
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3.3 -
This license does not grant You rights to use any party's name, logo, or trademarks, except
solely as necessary to comply with Section 3.2.
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4.
Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. VMWARE MAKES NO
WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE
SOFTWARE. SPECIFICALLY, VMWARE DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE
OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST EXTENT ALLOWED BY LAW,
VMWARE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE (EVEN IF VMWARE HAD BEEN INFORMED OF SUCH PURPOSE), AND
NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, ANY MODIFICATIONS THERETO AND WITH
RESPECT TO THE USE OF THE FOREGOING.
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5.
Limitation of Liability
IN NO EVENT WILL VMWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS,
LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER) IN CONNECTION WITH OR
ARISING OUT OF OR RELATING TO THE FURNISHING, PERFORMANCE OR USE OF THE SOFTWARE OR
ANY OTHER RIGHTS GRANTED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR
TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, AND EVEN IF VMWARE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
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6.
Term and Termination
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6.1 -
This Agreement will continue in effect unless and until terminated earlier pursuant to this
Section 6.
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6.2 -
In the event You violate the terms of this Agreement, VMware may terminate this Agreement.
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6.3 -
All licenses granted hereunder shall terminate upon the termination of this Agreement.
Termination will be in addition to any rights and remedies available to VMware at law or
equity or under this Agreement.
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6.4 -
Termination of this Agreement will not affect the provisions regarding reservation of rights
(Section 3.1), provisions disclaiming or limiting VMware's liability (Sections 4 and 5),
Termination (Section 6) or Miscellaneous (Section 7), which provisions will survive
termination of this Agreement.
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7.
Miscellaneous
This Agreement contains the entire agreement of the parties with respect to the subject matter of this
Agreement and supersedes all previous communications, representations, understandings and agreements,
either oral or written, between the parties with respect to said subject matter. The relationship of
the parties hereunder is that of independent contractors, and this Agreement will not be construed as
creating an agency, partnership, joint venture or any other form of legal association between the
parties. If any term, condition, or provision in this Agreement is found to be invalid, unlawful or
unenforceable to any extent, this Agreement will be construed in a manner that most closely
effectuates the intent of this Agreement. Such invalid term, condition or provision will be severed
from the remaining terms, conditions and provisions, which will continue to be valid and enforceable
to the fullest extent permitted by law. This Agreement will be interpreted and construed in accordance
with the laws of the State of California and the United States of America, without regard to conflict
of law principles. The U.N. Convention on Contracts for the International Sale of Goods shall not
apply to this Agreement. All disputes arising out of this Agreement involving VMware or any of its
subsidiaries shall be subject to the jurisdiction of the federal or state courts of northern
California, with venue lying in Santa Clara County, California. No rights may be assigned, no
obligations may be delegated, and this Agreement may not be transferred by You, in whole or in part,
whether voluntary or by operation of law, including by way of sale of assets, merger or consolidation,
without the prior written consent of VMware, and any purported assignment, delegation or transfer
without such consent shall be void ab initio. Any waiver of the provisions of this Agreement or of a
party's rights or remedies under this Agreement must be in writing to be effective. Failure, neglect
or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time,
will not be construed or be deemed to be a waiver of such party's rights under this Agreement and will
not in any way affect the validity of the whole or any part of this Agreement or prejudice such
party's right to take subsequent action.
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