Common Public Attribution License Version 1.0 (CPAL-1.0)
Common Public Attribution License Version 1.0 (CPAL-1.0)
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, 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.
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.
Socialtext, Inc. ("Socialtext") may publish revised and/or new versions of the License from
time to time. Each version will be given a distinguishing version number.
6.2 Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may
always continue to use it under the terms of that version. You may also choose to use such
Covered Code under the terms of any subsequent version of the License published by
Socialtext. No one other than Socialtext has the right to modify the terms applicable to
Covered Code created under this License.
6.3 Derivative Works.
If You create or use a modified version of this License (which you may only do in order to
apply it to code which is not already Covered Code governed by this License), You must (a)
rename Your license so that the phrases "Socialtext", "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.)
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.
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, 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:
(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, 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.
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, 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.
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.
14. ADDITIONAL TERM: ATTRIBUTION
(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.
(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").
(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.
(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.
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
https://www.couchcms.com/cpal.html. 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 CouchCMS project.
The Original Developer is the Initial Developer.
The Initial Developer of the Original Code is Kamran Kashif (kksidd@couchcms.com).
All portions of the code written by Initial Developer are Copyright (c) 2009, 2010
the Initial Developer. All Rights Reserved.
Contributor(s):
Alternatively, the contents of this file may be used under the terms of the
CouchCMS Commercial License (the CCCL), in which case the provisions of
the CCCL are applicable instead of those above.
If you wish to allow use of your version of this file only under the terms of the
CCCL 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 CCCL. If you do not delete the provisions
above, a recipient may use your version of this file under either the CPAL or the
CCCL."
[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
Subject to the limitations and other requirements in Section 14 of the License, the
Original Developer requires You to display the following Attribution Information:
Attribution Copyright Notice: Copyright (C) 2009, 2010 kksidd@couchcms.com
Attribution Phrase: CouchCMS - Simple Open-Source Content Management
Attribution URL: https://www.couchcms.com
Graphic Image as provided in the Covered Code as file: couchcms-logo.gif
This display should be, at a minimum, the Graphic Image displayed in the upper
left corner of all administration environment pages (admin-panel), with that
image linked to the Attribution URL, and the Attribution Copyright Notice displayed
in the footer of the pages.
Display of Attribution Information is 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.