| |
| SUGARCRM PUBLIC LICENSE |
| |
| Version 1.1.3 |
| |
| The SugarCRM Public License Version ("SPL") consists of the Mozilla |
| Public License Version 1.1, modified to be specific to SugarCRM, with the |
| Additional Terms in Exhibit B. The original Mozilla Public License 1.1 can be |
| found at: http://www.mozilla.org/MPL/MPL-1.1.html |
| |
| |
| 1. Definitions. |
| |
| 1.0.1. "Commercial Use" means distribution or otherwise making the |
| Covered Code available to a third party. |
| 1.1. ''Contributor'' means each entity that creates or contributes to the |
| creation of Modifications. |
| |
| 1.2. ''Contributor Version'' means the combination of the Original Code, prior |
| Modifications used by a Contributor, and the Modifications made by that |
| particular Contributor. |
| |
| 1.3. ''Covered Code'' means the Original Code or Modifications or the |
| combination of the Original Code and Modifications, in each case including |
| portions thereof. |
| |
| 1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted |
| in the software development community for the electronic transfer of data. |
| |
| 1.5. ''Executable'' means Covered Code in any form other than Source Code. |
| |
| 1.6. ''Initial Developer'' means the individual or entity identified as the |
| Initial Developer in the Source Code notice required by Exhibit A. |
| |
| 1.7. ''Larger Work'' means a work which combines Covered Code or portions |
| thereof with code not governed by the terms of this License. |
| |
| 1.8. ''License'' means this document. |
| |
| 1.8.1. "Licensable" means having the right to grant, to the maximum |
| extent possible, whether at the time of the initial grant or subsequently |
| acquired, any and all of the rights conveyed herein. |
| |
| 1.9. ''Modifications'' means any addition to or deletion from the substance or |
| structure of either the Original Code or any previous Modifications. When |
| Covered Code is released as a series of files, a Modification is: |
| |
| A. Any addition to or deletion from the contents of a file containing Original |
| Code or previous Modifications. |
| B. Any new file that contains any part of the Original Code or previous |
| Modifications. |
| 1.10. ''Original Code'' means Source Code of computer software code which is |
| described in the Source Code notice required by Exhibit A as Original Code, and |
| which, at the time of its release under this License is not already Covered |
| Code governed by this License. |
| 1.10.1. "Patent Claims" means any patent claim(s), now owned or |
| hereafter acquired, including without limitation, method, process, and |
| apparatus claims, in any patent Licensable by grantor. |
| |
| 1.11. ''Source Code'' means the preferred form of the Covered Code for making |
| modifications to it, including all modules it contains, plus any associated |
| interface definition files, scripts used to control compilation and |
| installation of an Executable, or source code differential comparisons against |
| either the Original Code or another well known, available Covered Code of the |
| Contributor's choice. The Source Code can be in a compressed or archival form, |
| provided the appropriate decompression or de-archiving software is widely |
| available for no charge. |
| |
| 1.12. "You'' (or "Your") means an individual or a legal entity |
| exercising rights under, and complying with all of the terms of, this License |
| or a future version of this License issued under Section 6.1. For legal |
| entities, "You'' includes any entity which controls, is controlled by, or |
| is under common control with You. For purposes of this definition, |
| "control'' means (a) the power, direct or indirect, to cause the direction |
| or management of such entity, whether by contract or otherwise, or (b) |
| ownership of more than fifty percent (50%) of the outstanding shares or |
| beneficial ownership of such entity. |
| |
| 2. Source Code License. |
| 2.1. The Initial Developer Grant. |
| The Initial Developer hereby grants You a world-wide, royalty-free, non- |
| exclusive license, subject to third party intellectual property claims: |
| (a) under intellectual property rights (other than patent or trademark) |
| Licensable by Initial Developer to use, reproduce, modify, display, perform, |
| sublicense and distribute the Original Code (or portions thereof) with or |
| without Modifications, and/or as part of a Larger Work; and |
| (b) under Patents Claims infringed by the making, using or selling of Original |
| Code, to make, have made, use, practice, sell, and offer for sale, and/or |
| otherwise dispose of the Original Code (or portions thereof). |
| |
| (c) the licenses granted in this Section 2.1(a) and (b) are effective on the |
| date Initial Developer first distributes Original Code under the terms of this |
| License. |
| (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for |
| code that You delete from the Original Code; 2) separate from the Original |
| Code; or 3) for infringements caused by: i) the modification of the Original |
| Code or ii) the combination of the Original Code with other software or |
| devices. |
| 2.2. Contributor Grant. |
| Subject to third party intellectual property claims, each Contributor hereby |
| grants You a world-wide, royalty-free, non-exclusive license |
| |
| (a) under intellectual property rights (other than patent or trademark) |
| Licensable by Contributor, to use, reproduce, modify, display, perform, |
| sublicense and distribute the Modifications created by such Contributor (or |
| portions thereof) either on an unmodified basis, with other Modifications, as |
| Covered Code and/or as part of a Larger Work; and |
| (b) under Patent Claims infringed by the making, using, or selling of |
| Modifications made by that Contributor either alone and/or in combination with |
| its Contributor Version (or portions of such combination), to make, use, sell, |
| offer for sale, have made, and/or otherwise dispose of: 1) Modifications made |
| by that Contributor (or portions thereof); and 2) the combination of |
| Modifications made by that Contributor with its Contributor Version (or |
| portions of such combination). |
| |
| (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the |
| date Contributor first makes Commercial Use of the Covered Code. |
| |
| (d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for |
| any code that Contributor has deleted from the Contributor Version; 2) separate |
| from the Contributor Version; 3) for infringements caused by: i) third party |
| modifications of Contributor Version or ii) the combination of Modifications |
| made by that Contributor with other software (except as part of the Contributor |
| Version) or other devices; or 4) under Patent Claims infringed by Covered Code |
| in the absence of Modifications made by that Contributor. |
| |
| |
| 3. Distribution Obligations. |
| |
| 3.1. Application of License. |
| The Modifications which You create or to which You contribute are governed by |
| the terms of this License, including without limitation Section 2.2. The Source |
| Code version of Covered Code may be distributed only under the terms of this |
| License or a future version of this License released under Section 6.1, and You |
| must include a copy of this License with every copy of the Source Code You |
| distribute. You may not offer or impose any terms on any Source Code version |
| that alters or restricts the applicable version of this License or the |
| recipients' rights hereunder. However, You may include an additional document |
| offering the additional rights described in Section 3.5. |
| 3.2. Availability of Source Code. |
| Any Modification which You create or to which You contribute must be made |
| available in Source Code form under the terms of this License either on the |
| same media as an Executable version or via an accepted Electronic Distribution |
| Mechanism to anyone to whom you made an Executable version available; and if |
| made available via Electronic Distribution Mechanism, must remain available for |
| at least twelve (12) months after the date it initially became available, or at |
| least six (6) months after a subsequent version of that particular Modification |
| has been made available to such recipients. You are responsible for ensuring |
| that the Source Code version remains available even if the Electronic |
| Distribution Mechanism is maintained by a third party. |
| |
| 3.3. Description of Modifications. |
| You must cause all Covered Code to which You contribute to contain a file |
| documenting the changes You made to create that Covered Code and the date of |
| any change. You must include a prominent statement that the Modification is |
| derived, directly or indirectly, from Original Code provided by the Initial |
| Developer and including the name of the Initial Developer in (a) the Source |
| Code, and (b) in any notice in an Executable version or related documentation |
| in which You describe the origin or ownership of the Covered Code. |
| |
| 3.4. Intellectual Property Matters |
| |
| (a) Third Party Claims. |
| If Contributor has knowledge that a license under a third party's intellectual |
| property rights is required to exercise the rights granted by such Contributor |
| under Sections 2.1 or 2.2, Contributor must include a text file with the Source |
| Code distribution titled "LEGAL'' which describes the claim and the party |
| making the claim in sufficient detail that a recipient will know whom to |
| contact. If Contributor obtains such knowledge after the Modification is made |
| available as described in Section 3.2, Contributor shall promptly modify the |
| LEGAL file in all copies Contributor makes available thereafter and shall take |
| other steps (such as notifying appropriate mailing lists or newsgroups) |
| reasonably calculated to inform those who received the Covered Code that new |
| knowledge has been obtained. |
| (b) Contributor APIs. |
| If Contributor's Modifications include an application programming interface and |
| Contributor has knowledge of patent licenses which are reasonably necessary to |
| implement that API, Contributor must also include this information in the LEGAL |
| file. |
| (c) Representations. |
| Contributor represents that, except as disclosed pursuant to Section 3.4(a) |
| above, Contributor believes that Contributor's Modifications are Contributor's |
| original creation(s) and/or Contributor has sufficient rights to grant the |
| rights conveyed by this License. |
| |
| 3.5. Required Notices. |
| You must duplicate the notice in Exhibit A in each file of the Source Code. If |
| it is not possible to put such notice in a particular Source Code file due to |
| its structure, then You must include such notice in a location (such as a |
| relevant directory) where a user would be likely to look for such a notice. If |
| You created one or more Modification(s) You may add your name as a Contributor |
| to the notice described in Exhibit A. You must also duplicate this License in |
| any documentation for the Source Code where You describe recipients' rights or |
| ownership rights relating to Covered Code. You may choose to offer, and to |
| charge a fee for, warranty, support, indemnity or liability obligations to one |
| or more recipients of Covered Code. However, You may do so only on Your own |
| behalf, and not on behalf of the Initial Developer or any Contributor. You must |
| make it absolutely clear than any such warranty, support, indemnity or |
| liability obligation is offered by You alone, and You hereby agree to indemnify |
| the Initial Developer and every Contributor for any liability incurred by the |
| Initial Developer or such Contributor as a result of warranty, support, |
| indemnity or liability terms You offer. |
| |
| 3.6. Distribution of Executable Versions. |
| You may distribute Covered Code in Executable form only if the requirements of |
| Section 3.1-3.5 have been met for that Covered Code, and if You include a |
| notice stating that the Source Code version of the Covered Code is available |
| under the terms of this License, including a description of how and where You |
| have fulfilled the obligations of Section 3.2. The notice must be conspicuously |
| included in any notice in an Executable version, related documentation or |
| collateral in which You describe recipients' rights relating to the Covered |
| Code. You may distribute the Executable version of Covered Code or ownership |
| rights under a license of Your choice, which may contain terms different from |
| this License, provided that You are in compliance with the terms of this |
| License and that the license for the Executable version does not attempt to |
| limit or alter the recipient's rights in the Source Code version from the |
| rights set forth in this License. If You distribute the Executable version |
| under a different license You must make it absolutely clear that any terms |
| which differ from this License are offered by You alone, not by the Initial |
| Developer 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. |
| |
| 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. |
| SugarCRM Inc. (''SugarCRM'') 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 SugarCRM. No one other than SugarCRM 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 ''SugarCRM'', |
| ''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 |
| SugarCRM 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 declatory 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 Santa Clara County, California, with the losing |
| party responsible for costs, including without limitation, court costs and |
| reasonable attorneys' fees and expenses. The application of the United Nations |
| Convention on Contracts for the International Sale of Goods is expressly |
| excluded. Any law or regulation which provides that the language of a contract |
| shall be construed against the drafter shall not apply to this License. |
| |
| 12. RESPONSIBILITY FOR CLAIMS. |
| As between Initial Developer 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. |
| SugarCRM Public License 1.1.3 - Exhibit A |
| |
| The contents of this file are subject to the SugarCRM Public License Version |
| 1.1.3 |
| ("License"); You may not use this file except in compliance with the |
| License. You may obtain a copy of the License at http://www.sugarcrm.com/SPL |
| 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: SugarCRM Open Source |
| |
| The Initial Developer of the Original Code is SugarCRM, Inc. |
| Portions created by SugarCRM are Copyright (C) 2004 SugarCRM, 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.] |
| |
| SugarCRM Public License 1.1.3 - Exhibit B |
| |
| Additional Terms applicable to the SugarCRM Public License. |
| |
| I. Effect. |
| These additional terms described in this SugarCRM Public License – |
| Additional Terms shall apply to the Covered Code under this License. |
| |
| II. SugarCRM and logo. |
| This License does not grant any rights to use the trademarks |
| "SugarCRM" and the "SugarCRM" logos 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 SugarCRM" logo and (ii) the copyright notice in the |
| same form as the latest version of the Covered Code distributed by SugarCRM, |
| Inc. at the time of distribution of such copy. In addition, the "Powered |
| by SugarCRM" 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 SugarCRM" logo must be at least 106 x |
| 23 pixels. When users click on the "Powered by SugarCRM" logo it must |
| direct them back to http://www.sugarforge.org. 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.sugarcrm.com |
| |
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