1Common Public Attribution License Version 1.0 (CPAL) 2 31. “Definitions” 4 51.0.1 “Commercial Use” means distribution or otherwise making the Covered Code 6available to a third party. 7 81.1 “Contributor” means each entity that creates or contributes to the 9creation of Modifications. 10 111.2 “Contributor Version” means the combination of the Original Code, prior 12Modifications used by a Contributor, and the Modifications made by that 13particular Contributor. 14 151.3 “Covered Code” means the Original Code or Modifications or the combination 16of the Original Code and Modifications, in each case including portions 17thereof. 18 191.4 “Electronic Distribution Mechanism” means a mechanism generally accepted 20in the software development community for the electronic transfer of data. 21 221.5 “Executable” means Covered Code in any form other than Source Code. 23 241.6 “Initial Developer” means the individual or entity identified as the 25Initial Developer in the Source Code notice required by Exhibit A. 26 271.7 “Larger Work” means a work which combines Covered Code or portions thereof 28with code not governed by the terms of this License. 29 301.8 “License” means this document. 31 321.8.1 “Licensable” means having the right to grant, to the maximum extent 33possible, whether at the time of the initial grant or subsequently acquired, 34any and all of the rights conveyed herein. 35 361.9 “Modifications” means any addition to or deletion from the substance or 37structure of either the Original Code or any previous Modifications. When 38Covered Code is released as a series of files, a Modification is: 39 40A. Any addition to or deletion from the contents of a file containing Original 41Code or previous Modifications. 42 43B. Any new file that contains any part of the Original Code or previous 44Modifications. 45 461.10 “Original Code” means Source Code of computer software code which is 47described in the Source Code notice required by Exhibit A as Original Code, 48and which, at the time of its release under this License is not already 49Covered Code governed by this License. 50 511.10.1 “Patent Claims” means any patent claim(s), now owned or hereafter 52acquired, including without limitation, method, process, and apparatus claims, 53in any patent Licensable by grantor. 54 551.11 “Source Code” means the preferred form of the Covered Code for making 56modifications to it, including all modules it contains, plus any associated 57interface definition files, scripts used to control compilation and 58installation of an Executable, or source code differential comparisons against 59either the Original Code or another well known, available Covered Code of the 60Contributor’s choice. The Source Code can be in a compressed or archival form, 61provided the appropriate decompression or de-archiving software is widely 62available for no charge. 63 641.12 “You” (or “Your”) means an individual or a legal entity exercising rights 65under, and complying with all of the terms of, this License or a future 66version of this License issued under Section 6.1. For legal entities, “You” 67includes any entity which controls, is controlled by, or is under common 68control with You. For purposes of this definition, “control” means (a) the 69power, direct or indirect, to cause the direction or management of such 70entity, whether by contract or otherwise, or (b) ownership of more than fifty 71percent (50%) of the outstanding shares or beneficial ownership of such 72entity. 73 742. Source Code License. 75 762.1 The Initial Developer Grant. 77 78The Initial Developer hereby grants You a world-wide, royalty-free, non- 79exclusive license, subject to third party intellectual property claims: 80 81(a) under intellectual property rights (other than patent or trademark) 82Licensable by Initial Developer to use, reproduce, modify, display, perform, 83sublicense and distribute the Original Code (or portions thereof) with or 84without Modifications, and/or as part of a Larger Work; and 85 86(b) under Patents Claims infringed by the making, using or selling of Original 87Code, to make, have made, use, practice, sell, and offer for sale, and/or 88otherwise dispose of the Original Code (or portions thereof). 89 90(c) the licenses granted in this Section 2.1(a) and (b) are effective on the 91date Initial Developer first distributes Original Code under the terms of this 92License. 93 94(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for 95code that You delete from the Original Code; 2) separate from the Original 96Code; or 3) for infringements caused by: i) the modification of the Original 97Code or ii) the combination of the Original Code with other software or 98devices. 99 1002.2 Contributor Grant. 101 102Subject to third party intellectual property claims, each Contributor hereby 103grants You a world-wide, royalty-free, non-exclusive license 104 105(a) under intellectual property rights (other than patent or trademark) 106Licensable by Contributor, to use, reproduce, modify, display, perform, 107sublicense and distribute the Modifications created by such Contributor (or 108portions thereof) either on an unmodified basis, with other Modifications, as 109Covered Code and/or as part of a Larger Work; and 110 111(b) under Patent Claims infringed by the making, using, or selling of 112Modifications made by that Contributor either alone and/or in combination with 113its Contributor Version (or portions of such combination), to make, use, sell, 114offer for sale, have made, and/or otherwise dispose of: 1) Modifications made 115by that Contributor (or portions thereof); and 2) the combination of 116Modifications made by that Contributor with its Contributor Version (or 117portions of such combination). 118 119(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the 120date Contributor first makes Commercial Use of the Covered Code. 121 122(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for 123any code that Contributor has deleted from the Contributor Version; 2) 124separate from the Contributor Version; 3) for infringements caused by: i) 125third party modifications of Contributor Version or ii) the combination of 126Modifications made by that Contributor with other software (except as part of 127the Contributor Version) or other devices; or 4) under Patent Claims infringed 128by Covered Code in the absence of Modifications made by that Contributor. 129 1303. Distribution Obligations. 131 1323.1 Application of License. 133 134The Modifications which You create or to which You contribute are governed by 135the terms of this License, including without limitation Section 2.2. The 136Source Code version of Covered Code may be distributed only under the terms of 137this License or a future version of this License released under Section 6.1, 138and You must include a copy of this License with every copy of the Source Code 139You distribute. You may not offer or impose any terms on any Source Code 140version that alters or restricts the applicable version of this License or the 141recipients’ rights hereunder. However, You may include an additional document 142offering the additional rights described in Section 3.5. 143 1443.2 Availability of Source Code. 145 146Any Modification which You create or to which You contribute must be made 147available in Source Code form under the terms of this License either on the 148same media as an Executable version or via an accepted Electronic Distribution 149Mechanism to anyone to whom you made an Executable version available; and if 150made available via Electronic Distribution Mechanism, must remain available 151for at least twelve (12) months after the date it initially became available, 152or at least six (6) months after a subsequent version of that particular 153Modification has been made available to such recipients. You are responsible 154for ensuring that the Source Code version remains available even if the 155Electronic Distribution Mechanism is maintained by a third party. 156 1573.3 Description of Modifications. 158 159You must cause all Covered Code to which You contribute to contain a file 160documenting the changes You made to create that Covered Code and the date of 161any change. You must include a prominent statement that the Modification is 162derived, directly or indirectly, from Original Code provided by the Initial 163Developer and including the name of the Initial Developer in (a) the Source 164Code, and (b) in any notice in an Executable version or related documentation 165in which You describe the origin or ownership of the Covered Code. 166 1673.4 Intellectual Property Matters 168 169(a) Third Party Claims. If Contributor has knowledge that a license under a 170third party’s intellectual property rights is required to exercise the rights 171granted by such Contributor under Sections 2.1 or 2.2, Contributor must 172include a text file with the Source Code distribution titled “LEGAL” which 173describes the claim and the party making the claim in sufficient detail that a 174recipient will know whom to contact. If Contributor obtains such knowledge 175after the Modification is made available as described in Section 3.2, 176Contributor shall promptly modify the LEGAL file in all copies Contributor 177makes available thereafter and shall take other steps (such as notifying 178appropriate mailing lists or newsgroups) reasonably calculated to inform those 179who received the Covered Code that new knowledge has been obtained. 180 181(b) Contributor APIs. If Contributor’s Modifications include an application 182programming interface and Contributor has knowledge of patent licenses which 183are reasonably necessary to implement that API, Contributor must also include 184this information in the LEGAL file. 185 186(c) Representations. Contributor represents that, except as disclosed pursuant 187to Section 3.4(a) above, Contributor believes that Contributor’s Modifications 188are Contributor’s original creation(s) and/or Contributor has sufficient 189rights to grant the rights conveyed by this License. 190 1913.5 Required Notices. 192 193You must duplicate the notice in Exhibit A in each file of the Source Code. If 194it is not possible to put such notice in a particular Source Code file due to 195its structure, then You must include such notice in a location (such as a 196relevant directory) where a user would be likely to look for such a notice. If 197You created one or more Modification(s) You may add your name as a Contributor 198to the notice described in Exhibit A. You must also duplicate this License in 199any documentation for the Source Code where You describe recipients’ rights or 200ownership rights relating to Covered Code. You may choose to offer, and to 201charge a fee for, warranty, support, indemnity or liability obligations to one 202or more recipients of Covered Code. However, You may do so only on Your own 203behalf, and not on behalf of the Initial Developer or any Contributor. You 204must make it absolutely clear than any such warranty, support, indemnity or 205liability obligation is offered by You alone, and You hereby agree to 206indemnify the Initial Developer and every Contributor for any liability 207incurred by the Initial Developer or such Contributor as a result of warranty, 208support, indemnity or liability terms You offer. 209 2103.6 Distribution of Executable Versions. 211 212You may distribute Covered Code in Executable form only if the requirements of 213Section 3.1-3.5 have been met for that Covered Code, and if You include a 214notice stating that the Source Code version of the Covered Code is available 215under the terms of this License, including a description of how and where You 216have fulfilled the obligations of Section 3.2. The notice must be 217conspicuously included in any notice in an Executable version, related 218documentation or collateral in which You describe recipients’ rights relating 219to the Covered Code. You may distribute the Executable version of Covered Code 220or ownership rights under a license of Your choice, which may contain terms 221different from this License, provided that You are in compliance with the 222terms of this License and that the license for the Executable version does not 223attempt to limit or alter the recipient’s rights in the Source Code version 224from the rights set forth in this License. If You distribute the Executable 225version under a different license You must make it absolutely clear that any 226terms which differ from this License are offered by You alone, not by the 227Initial Developer, Original Developer or any Contributor. You hereby agree to 228indemnify the Initial Developer, Original Developer and every Contributor for 229any liability incurred by the Initial Developer, Original Developer or such 230Contributor as a result of any such terms You offer. 231 2323.7 Larger Works. 233 234You may create a Larger Work by combining Covered Code with other code not 235governed by the terms of this License and distribute the Larger Work as a 236single product. In such a case, You must make sure the requirements of this 237License are fulfilled for the Covered Code. 238 2394. Inability to Comply Due to Statute or Regulation. 240If it is impossible for You to comply with any of the terms of this License 241with respect to some or all of the Covered Code due to statute, judicial 242order, or regulation then You must: (a) comply with the terms of this License 243to the maximum extent possible; and (b) describe the limitations and the code 244they affect. Such description must be included in the LEGAL file described in 245Section 3.4 and must be included with all distributions of the Source Code. 246Except to the extent prohibited by statute or regulation, such description 247must be sufficiently detailed for a recipient of ordinary skill to be able to 248understand it. 249 2505. Application of this License. 251This License applies to code to which the Initial Developer has attached the 252notice in Exhibit A and to related Covered Code. 253 2546. Versions of the License. 255 2566.1 New Versions. 257 258Socialtext, Inc. (“Socialtext”) may publish revised and/or new versions of the 259License from time to time. Each version will be given a distinguishing version 260number. 261 2626.2 Effect of New Versions. 263 264Once Covered Code has been published under a particular version of the 265License, You may always continue to use it under the terms of that version. 266You may also choose to use such Covered Code under the terms of any subsequent 267version of the License published by Socialtext. No one other than Socialtext 268has the right to modify the terms applicable to Covered Code created under 269this License. 270 2716.3 Derivative Works. 272 273If You create or use a modified version of this License (which you may only do 274in order to apply it to code which is not already Covered Code governed by 275this License), You must (a) rename Your license so that the phrases 276“Socialtext”, “CPAL” or any confusingly similar phrase do not appear in your 277license (except to note that your license differs from this License) and (b) 278otherwise make it clear that Your version of the license contains terms which 279differ from the CPAL. (Filling in the name of the Initial Developer, Original 280Developer, Original Code or Contributor in the notice described in Exhibit A 281shall not of themselves be deemed to be modifications of this License.) 282 2837. DISCLAIMER OF WARRANTY. 284COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT 285WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT 286LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, 287FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE 288QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED 289CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL 290DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY 291SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN 292ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED 293HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 294 2958. TERMINATION. 296 2978.1 This License and the rights granted hereunder will terminate automatically 298if You fail to comply with terms herein and fail to cure such breach within 30 299days of becoming aware of the breach. All sublicenses to the Covered Code 300which are properly granted shall survive any termination of this License. 301Provisions which, by their nature, must remain in effect beyond the 302termination of this License shall survive. 303 3048.2 If You initiate litigation by asserting a patent infringement claim 305(excluding declatory judgment actions) against Initial Developer, Original 306Developer or a Contributor (the Initial Developer, Original Developer or 307Contributor against whom You file such action is referred to as “Participant”) 308alleging that: 309 310(a) such Participant’s Contributor Version directly or indirectly infringes 311any patent, then any and all rights granted by such Participant to You under 312Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from 313Participant terminate prospectively, unless if within 60 days after receipt of 314notice You either: (i) agree in writing to pay Participant a mutually 315agreeable reasonable royalty for Your past and future use of Modifications 316made by such Participant, or (ii) withdraw Your litigation claim with respect 317to the Contributor Version against such Participant. If within 60 days of 318notice, a reasonable royalty and payment arrangement are not mutually agreed 319upon in writing by the parties or the litigation claim is not withdrawn, the 320rights granted by Participant to You under Sections 2.1 and/or 2.2 321automatically terminate at the expiration of the 60 day notice period 322specified above. 323 324(b) any software, hardware, or device, other than such Participant’s 325Contributor Version, directly or indirectly infringes any patent, then any 326rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are 327revoked effective as of the date You first made, used, sold, distributed, or 328had made, Modifications made by that Participant. 329 3308.3 If You assert a patent infringement claim against Participant alleging 331that such Participant’s Contributor Version directly or indirectly infringes 332any patent where such claim is resolved (such as by license or settlement) 333prior to the initiation of patent infringement litigation, then the reasonable 334value of the licenses granted by such Participant under Sections 2.1 or 2.2 335shall be taken into account in determining the amount or value of any payment 336or license. 337 3388.4 In the event of termination under Sections 8.1 or 8.2 above, all end user 339license agreements (excluding distributors and resellers) which have been 340validly granted by You or any distributor hereunder prior to termination shall 341survive termination. 342 3439. LIMITATION OF LIABILITY. 344UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING 345NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, 346ORIGINAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, 347OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY 348INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER 349INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, 350COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR 351LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH 352DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH 353OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT 354APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 355EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS 356EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 357 35810. U.S. GOVERNMENT END USERS. 359The Covered Code is a “commercial item,” as that term is defined in 48 C.F.R. 3602.101 (Oct. 1995), consisting of “commercial computer software” and 361“commercial computer software documentation,” as such terms are used in 48 362C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 363227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users 364acquire Covered Code with only those rights set forth herein. 365 36611. MISCELLANEOUS. 367This License represents the complete agreement concerning subject matter 368hereof. If any provision of this License is held to be unenforceable, such 369provision shall be reformed only to the extent necessary to make it 370enforceable. This License shall be governed by California law provisions 371(except to the extent applicable law, if any, provides otherwise), excluding 372its conflict-of-law provisions. With respect to disputes in which at least one 373party is a citizen of, or an entity chartered or registered to do business in 374the United States of America, any litigation relating to this License shall be 375subject to the jurisdiction of the Federal Courts of the Northern District of 376California, with venue lying in Santa Clara County, California, with the 377losing party responsible for costs, including without limitation, court costs 378and reasonable attorneys’ fees and expenses. The application of the United 379Nations Convention on Contracts for the International Sale of Goods is 380expressly excluded. Any law or regulation which provides that the language of 381a contract shall be construed against the drafter shall not apply to this 382License. 383 38412. RESPONSIBILITY FOR CLAIMS. 385As between Initial Developer, Original Developer and the Contributors, each 386party is responsible for claims and damages arising, directly or indirectly, 387out of its utilization of rights under this License and You agree to work with 388Initial Developer, Original Developer and Contributors to distribute such 389responsibility on an equitable basis. Nothing herein is intended or shall be 390deemed to constitute any admission of liability. 391 39213. MULTIPLE-LICENSED CODE. 393Initial Developer may designate portions of the Covered Code as Multiple- 394Licensed. Multiple-Licensed means that the Initial Developer permits you to 395utilize portions of the Covered Code under Your choice of the CPAL or the 396alternative licenses, if any, specified by the Initial Developer in the file 397described in Exhibit A. 398 39914. ADDITIONAL TERM: ATTRIBUTION 400 401(a) As a modest attribution to the organizer of the development of the 402Original Code (“Original Developer”), in the hope that its promotional value 403may help justify the time, money and effort invested in writing the Original 404Code, the Original Developer may include in Exhibit B (“Attribution 405Information”) a requirement that each time an Executable and Source Code or a 406Larger Work is launched or initially run (which includes initiating a 407session), a prominent display of the Original Developer’s Attribution 408Information (as defined below) must occur on the graphic user interface 409employed by the end user to access such Covered Code (which may include 410display on a splash screen), if any. The size of the graphic image should be 411consistent with the size of the other elements of the Attribution Information. 412If the access by the end user to the Executable and Source Code does not 413create a graphic user interface for access to the Covered Code, this 414obligation shall not apply. If the Original Code displays such Attribution 415Information in a particular form (such as in the form of a splash screen, 416notice at login, an “about” display, or dedicated attribution area on user 417interface screens), continued use of such form for that Attribution 418Information is one way of meeting this requirement for notice. 419 420(b) Attribution information may only include a copyright notice, a brief 421phrase, graphic image and a URL (“Attribution Information”) and is subject to 422the Attribution Limits as defined below. For these purposes, prominent shall 423mean display for sufficient duration to give reasonable notice to the user of 424the identity of the Original Developer and that if You include Attribution 425Information or similar information for other parties, You must ensure that the 426Attribution Information for the Original Developer shall be no less prominent 427than such Attribution Information or similar information for the other party. 428For greater certainty, the Original Developer may choose to specify in Exhibit 429B below that the above attribution requirement only applies to an Executable 430and Source Code resulting from the Original Code or any Modification, but not 431a Larger Work. The intent is to provide for reasonably modest attribution, 432therefore the Original Developer cannot require that You display, at any time, 433more than the following information as Attribution Information: (a) a 434copyright notice including the name of the Original Developer; (b) a word or 435one phrase (not exceeding 10 words); (c) one graphic image provided by the 436Original Developer; and (d) a URL (collectively, the “Attribution Limits”). 437 438(c) If Exhibit B does not include any Attribution Information, then there are 439no requirements for You to display any Attribution Information of the Original 440Developer. 441 442(d) You acknowledge that all trademarks, service marks and/or trade names 443contained within the Attribution Information distributed with the Covered Code 444are the exclusive property of their owners and may only be used with the 445permission of their owners, or under circumstances otherwise permitted by law 446or as expressly set out in this License. 447 44815. ADDITIONAL TERM: NETWORK USE. 449The term “External Deployment” means the use, distribution, or communication 450of the Original Code or Modifications in any way such that the Original Code 451or Modifications may be used by anyone other than You, whether those works are 452distributed or communicated to those persons or made available as an 453application intended for use over a network. As an express condition for the 454grants of license hereunder, You must treat any External Deployment by You of 455the Original Code or Modifications as a distribution under section 3.1 and 456make Source Code available under Section 3.2. 457 458EXHIBIT A. Common Public Attribution License Version 1.0. 459 460“The contents of this file are subject to the Common Public Attribution 461License Version 1.0 (the “License”); you may not use this file except in 462compliance with the License. You may obtain a copy of the License at 463_____________. The License is based on the Mozilla Public License Version 1.1 464but Sections 14 and 15 have been added to cover use of software over a 465computer network and provide for limited attribution for the Original 466Developer. In addition, Exhibit A has been modified to be consistent with 467Exhibit B. 468 469Software distributed under the License is distributed on an “AS IS” basis, 470WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for 471the specific language governing rights and limitations under the License. 472 473The Original Code is______________________. 474 475The Original Developer is not the Initial Developer and is __________. If left 476blank, the Original Developer is the Initial Developer. 477 478The Initial Developer of the Original Code is ____________. All portions of 479the code written by ___________ are Copyright (c) _____. All Rights Reserved. 480 481Contributor ______________________. 482 483Alternatively, the contents of this file may be used under the terms of the 484_____ license (the [___] License), in which case the provisions of [______] 485License are applicable instead of those above. 486 487If you wish to allow use of your version of this file only under the terms of 488the [____] License and not to allow others to use your version of this file 489under the CPAL, indicate your decision by deleting the provisions above and 490replace them with the notice and other provisions required by the [___] 491License. If you do not delete the provisions above, a recipient may use your 492version of this file under either the CPAL or the [___] License.” 493 494[NOTE: The text of this Exhibit A may differ slightly from the text of the 495notices in the Source Code files of the Original Code. You should use the text 496of this Exhibit A rather than the text found in the Original Code Source Code 497for Your Modifications.] 498 499EXHIBIT B. Attribution Information 500 501Attribution Copyright Notice: _______________________ 502 503Attribution Phrase (not exceeding 10 words): _______________________ 504 505Attribution URL: _______________________ 506 507Graphic Image as provided in the Covered Code, if any. 508 509Display of Attribution Information is [required/not required] in Larger Works 510which are defined in the CPAL as a work which combines Covered Code or 511portions thereof with code not governed by the terms of the CPAL. 512 513