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.