| 1 |
The Sugar Public License Version 1.1.2 ("SPL") consists of the Mozilla Public |
|---|
| 2 |
License Version 1.1, modified to be specific to SugarCRM, with the Additional |
|---|
| 3 |
Terms in Exhibit B. The original Mozilla Public License 1.1 can be found at: |
|---|
| 4 |
http://www.mozilla.org/MPL/MPL-1.1.html |
|---|
| 5 |
|
|---|
| 6 |
SUGARCRM PUBLIC LICENSE |
|---|
| 7 |
Version 1.1.2 |
|---|
| 8 |
|
|---|
| 9 |
|
|---|
| 10 |
-------------------------------------------------------------------------------- |
|---|
| 11 |
|
|---|
| 12 |
1. Definitions. |
|---|
| 13 |
|
|---|
| 14 |
1.0.1. "Commercial Use" means distribution or otherwise making the Covered |
|---|
| 15 |
Code available to a third party. |
|---|
| 16 |
1.1. ''Contributor'' means each entity that creates or contributes to the |
|---|
| 17 |
creation of Modifications. |
|---|
| 18 |
|
|---|
| 19 |
1.2. ''Contributor Version'' means the combination of the Original Code, prior |
|---|
| 20 |
Modifications used by a Contributor, and the Modifications made by that |
|---|
| 21 |
particular Contributor. |
|---|
| 22 |
|
|---|
| 23 |
1.3. ''Covered Code'' means the Original Code or Modifications or the |
|---|
| 24 |
combination of the Original Code and Modifications, in each case including |
|---|
| 25 |
portions thereof. |
|---|
| 26 |
|
|---|
| 27 |
1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted |
|---|
| 28 |
in the software development community for the electronic transfer of data. |
|---|
| 29 |
|
|---|
| 30 |
1.5. ''Executable'' means Covered Code in any form other than Source Code. |
|---|
| 31 |
|
|---|
| 32 |
1.6. ''Initial Developer'' means the individual or entity identified as the |
|---|
| 33 |
Initial Developer in the Source Code notice required by Exhibit A. |
|---|
| 34 |
|
|---|
| 35 |
1.7. ''Larger Work'' means a work which combines Covered Code or portions |
|---|
| 36 |
thereof with code not governed by the terms of this License. |
|---|
| 37 |
|
|---|
| 38 |
1.8. ''License'' means this document. |
|---|
| 39 |
|
|---|
| 40 |
1.8.1. "Licensable" means having the right to grant, to the maximum extent |
|---|
| 41 |
possible, whether at the time of the initial grant or subsequently acquired, |
|---|
| 42 |
any and all of the rights conveyed herein. |
|---|
| 43 |
|
|---|
| 44 |
1.9. ''Modifications'' means any addition to or deletion from the substance |
|---|
| 45 |
or structure of either the Original Code or any previous Modifications. When |
|---|
| 46 |
Covered Code is released as a series of files, a Modification is: |
|---|
| 47 |
|
|---|
| 48 |
A. Any addition to or deletion from the contents of a file containing Original |
|---|
| 49 |
Code or previous Modifications. |
|---|
| 50 |
B. Any new file that contains any part of the Original Code or previous |
|---|
| 51 |
Modifications. |
|---|
| 52 |
|
|---|
| 53 |
|
|---|
| 54 |
1.10. ''Original Code'' means Source Code of computer software code which is |
|---|
| 55 |
described in the Source Code notice required by Exhibit A as Original Code, |
|---|
| 56 |
and which, at the time of its release under this License is not already Covered |
|---|
| 57 |
Code governed by this License. |
|---|
| 58 |
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter |
|---|
| 59 |
acquired, including without limitation, method, process, and apparatus claims, |
|---|
| 60 |
in any patent Licensable by grantor. |
|---|
| 61 |
|
|---|
| 62 |
1.11. ''Source Code'' means the preferred form of the Covered Code for making |
|---|
| 63 |
modifications to it, including all modules it contains, plus any associated |
|---|
| 64 |
interface definition files, scripts used to control compilation and installation |
|---|
| 65 |
of an Executable, or source code differential comparisons against either the |
|---|
| 66 |
Original Code or another well known, available Covered Code of the Contributor's |
|---|
| 67 |
choice. The Source Code can be in a compressed or archival form, provided the |
|---|
| 68 |
appropriate decompression or de-archiving software is widely available for no |
|---|
| 69 |
charge. |
|---|
| 70 |
|
|---|
| 71 |
1.12. "You'' (or "Your") means an individual or a legal entity exercising |
|---|
| 72 |
rights under, and complying with all of the terms of, this License or a future |
|---|
| 73 |
version of this License issued under Section 6.1. For legal entities, "You'' |
|---|
| 74 |
includes any entity which controls, is controlled by, or is under common |
|---|
| 75 |
control with You. For purposes of this definition, "control'' means (a) the |
|---|
| 76 |
power, direct or indirect, to cause the direction or management of such entity, |
|---|
| 77 |
whether by contract or otherwise, or (b) ownership of more than fifty percent |
|---|
| 78 |
(50%) of the outstanding shares or beneficial ownership of such entity. |
|---|
| 79 |
|
|---|
| 80 |
2. Source Code License. |
|---|
| 81 |
2.1. The Initial Developer Grant. |
|---|
| 82 |
The Initial Developer hereby grants You a world-wide, royalty-free, |
|---|
| 83 |
non-exclusive license, subject to third party intellectual property claims: |
|---|
| 84 |
(a) under intellectual property rights (other than patent or trademark) |
|---|
| 85 |
Licensable by Initial Developer to use, reproduce, modify, display, perform, |
|---|
| 86 |
sublicense and distribute the Original Code (or portions thereof) with or |
|---|
| 87 |
without Modifications, and/or as part of a Larger Work; and |
|---|
| 88 |
(b) under Patents Claims infringed by the making, using or selling of Original |
|---|
| 89 |
Code, to make, have made, use, practice, sell, and offer for sale, and/or |
|---|
| 90 |
otherwise dispose of the Original Code (or portions thereof). |
|---|
| 91 |
|
|---|
| 92 |
|
|---|
| 93 |
(c) the licenses granted in this Section 2.1(a) and (b) are effective on |
|---|
| 94 |
the date Initial Developer first distributes Original Code under the terms |
|---|
| 95 |
of this License. |
|---|
| 96 |
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for |
|---|
| 97 |
code that You delete from the Original Code; 2) separate from the Original Code; |
|---|
| 98 |
or 3) for infringements caused by: i) the modification of the Original Code or |
|---|
| 99 |
ii) the combination of the Original Code with other software or devices. |
|---|
| 100 |
|
|---|
| 101 |
|
|---|
| 102 |
2.2. Contributor Grant. |
|---|
| 103 |
Subject to third party intellectual property claims, each Contributor hereby |
|---|
| 104 |
grants You a world-wide, royalty-free, non-exclusive license |
|---|
| 105 |
|
|---|
| 106 |
(a) under intellectual property rights (other than patent or trademark) |
|---|
| 107 |
Licensable by Contributor, to use, reproduce, modify, display, perform, |
|---|
| 108 |
sublicense and distribute the Modifications created by such Contributor |
|---|
| 109 |
(or portions thereof) either on an unmodified basis, with other Modifications, |
|---|
| 110 |
as Covered Code and/or as part of a Larger Work; and |
|---|
| 111 |
(b) under Patent Claims infringed by the making, using, or selling of |
|---|
| 112 |
Modifications made by that Contributor either alone and/or in combination with |
|---|
| 113 |
its Contributor Version (or portions of such combination), to make, use, sell, |
|---|
| 114 |
offer for sale, have made, and/or otherwise dispose of: 1) Modifications made |
|---|
| 115 |
by that Contributor (or portions thereof); and 2) the combination of |
|---|
| 116 |
Modifications made by that Contributor with its Contributor Version (or portions |
|---|
| 117 |
of such combination). |
|---|
| 118 |
|
|---|
| 119 |
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date |
|---|
| 120 |
Contributor first makes Commercial Use of the Covered Code. |
|---|
| 121 |
|
|---|
| 122 |
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: |
|---|
| 123 |
1) for any code that Contributor has deleted from the Contributor Version; |
|---|
| 124 |
2) separate from the Contributor Version; 3) for infringements caused |
|---|
| 125 |
by: i) third party modifications of Contributor Version or ii) the |
|---|
| 126 |
combination of Modifications made by that Contributor with other software |
|---|
| 127 |
(except as part of the Contributor Version) or other devices; or 4) under |
|---|
| 128 |
Patent Claims infringed by Covered Code in the absence of Modifications |
|---|
| 129 |
made by that Contributor. |
|---|
| 130 |
|
|---|
| 131 |
|
|---|
| 132 |
3. Distribution Obligations. |
|---|
| 133 |
|
|---|
| 134 |
3.1. Application of License. |
|---|
| 135 |
The Modifications which You create or to which You contribute are |
|---|
| 136 |
governed by the terms of this License, including without limitation |
|---|
| 137 |
Section 2.2. The Source Code version of Covered Code may be distributed |
|---|
| 138 |
only under the terms of this License or a future version of this License |
|---|
| 139 |
released under Section 6.1, and You must include a copy of this License |
|---|
| 140 |
with every copy of the Source Code You distribute. You may not offer or |
|---|
| 141 |
impose any terms on any Source Code version that alters or restricts the |
|---|
| 142 |
applicable version of this License or the recipients' rights hereunder. |
|---|
| 143 |
However, You may include an additional document offering the additional |
|---|
| 144 |
rights described in Section 3.5. |
|---|
| 145 |
3.2. Availability of Source Code. |
|---|
| 146 |
Any Modification which You create or to which You contribute must be made |
|---|
| 147 |
available in Source Code form under the terms of this License either on |
|---|
| 148 |
the same media as an Executable version or via an accepted Electronic |
|---|
| 149 |
Distribution Mechanism to anyone to whom you made an Executable version |
|---|
| 150 |
available; and if made available via Electronic Distribution Mechanism, |
|---|
| 151 |
must remain available for at least twelve (12) months after the date it |
|---|
| 152 |
initially became available, or at least six (6) months after a subsequent |
|---|
| 153 |
version of that particular Modification has been made available to such |
|---|
| 154 |
recipients. You are responsible for ensuring that the Source Code version |
|---|
| 155 |
remains available even if the Electronic Distribution Mechanism is |
|---|
| 156 |
maintained by a third party. |
|---|
| 157 |
|
|---|
| 158 |
3.3. Description of Modifications. |
|---|
| 159 |
You must cause all Covered Code to which You contribute to contain a file |
|---|
| 160 |
documenting the changes You made to create that Covered Code and the date of |
|---|
| 161 |
any change. You must include a prominent statement that the Modification is |
|---|
| 162 |
derived, directly or indirectly, from Original Code provided by the Initial |
|---|
| 163 |
Developer and including the name of the Initial Developer in (a) the Source |
|---|
| 164 |
Code, and (b) in any notice in an Executable version or related documentation |
|---|
| 165 |
in which You describe the origin or ownership of the Covered Code. |
|---|
| 166 |
|
|---|
| 167 |
3.4. Intellectual Property Matters |
|---|
| 168 |
|
|---|
| 169 |
(a) Third Party Claims. |
|---|
| 170 |
If Contributor has knowledge that a license under a third party's intellectual |
|---|
| 171 |
property rights is required to exercise the rights granted by such Contributor |
|---|
| 172 |
under Sections 2.1 or 2.2, Contributor must include a text file with the Source |
|---|
| 173 |
Code distribution titled "LEGAL'' which describes the claim and the party making |
|---|
| 174 |
the claim in sufficient detail that a recipient will know whom to contact. If |
|---|
| 175 |
Contributor obtains such knowledge after the Modification is made available as |
|---|
| 176 |
described in Section 3.2, Contributor shall promptly modify the LEGAL file in |
|---|
| 177 |
all copies Contributor makes available thereafter and shall take other steps |
|---|
| 178 |
(such as notifying appropriate mailing lists or newsgroups) reasonably calculated |
|---|
| 179 |
to inform those who received the Covered Code that new knowledge has been obtained. |
|---|
| 180 |
(b) Contributor APIs. |
|---|
| 181 |
If Contributor's Modifications include an application programming interface and |
|---|
| 182 |
Contributor has knowledge of patent licenses which are reasonably necessary to |
|---|
| 183 |
implement that API, Contributor must also include this information in the LEGAL |
|---|
| 184 |
file. |
|---|
| 185 |
|
|---|
| 186 |
|
|---|
| 187 |
(c) Representations. |
|---|
| 188 |
Contributor represents that, except as disclosed pursuant to Section 3.4(a) |
|---|
| 189 |
above, Contributor believes that Contributor's Modifications are Contributor's |
|---|
| 190 |
original creation(s) and/or Contributor has sufficient rights to grant the |
|---|
| 191 |
rights conveyed by this License. |
|---|
| 192 |
|
|---|
| 193 |
3.5. Required Notices. |
|---|
| 194 |
You must duplicate the notice in Exhibit A in each file of the Source Code. |
|---|
| 195 |
If it is not possible to put such notice in a particular Source Code file |
|---|
| 196 |
due to its structure, then You must include such notice in a location (such |
|---|
| 197 |
as a relevant directory) where a user would be likely to look for such a |
|---|
| 198 |
notice. If You created one or more Modification(s) You may add your name as |
|---|
| 199 |
a Contributor to the notice described in Exhibit A. You must also duplicate |
|---|
| 200 |
this License in any documentation for the Source Code where You describe |
|---|
| 201 |
recipients' rights or ownership rights relating to Covered Code. You may |
|---|
| 202 |
choose to offer, and to charge a fee for, warranty, support, indemnity or |
|---|
| 203 |
liability obligations to one or more recipients of Covered Code. However, You |
|---|
| 204 |
may do so only on Your own behalf, and not on behalf of the Initial Developer |
|---|
| 205 |
or any Contributor. You must make it absolutely clear than any such warranty, |
|---|
| 206 |
support, indemnity or liability obligation is offered by You alone, and You |
|---|
| 207 |
hereby agree to indemnify the Initial Developer and every Contributor for any |
|---|
| 208 |
liability incurred by the Initial Developer or such Contributor as a result of |
|---|
| 209 |
warranty, support, indemnity or liability terms You offer. |
|---|
| 210 |
|
|---|
| 211 |
3.6. Distribution of Executable Versions. |
|---|
| 212 |
You may distribute Covered Code in Executable form only if the requirements |
|---|
| 213 |
of Section 3.1-3.5 have been met for that Covered Code, and if You include |
|---|
| 214 |
a notice stating that the Source Code version of the Covered Code is available |
|---|
| 215 |
under the terms of this License, including a description of how and where |
|---|
| 216 |
You have fulfilled the obligations of Section 3.2. The notice must be |
|---|
| 217 |
conspicuously included in any notice in an Executable version, related |
|---|
| 218 |
documentation or collateral in which You describe recipients' rights relating |
|---|
| 219 |
to the Covered Code. You may distribute the Executable version of Covered |
|---|
| 220 |
Code or ownership rights under a license of Your choice, which may contain |
|---|
| 221 |
terms different from this License, provided that You are in compliance with |
|---|
| 222 |
the terms of this License and that the license for the Executable version |
|---|
| 223 |
does not attempt to limit or alter the recipient's rights in the Source Code |
|---|
| 224 |
version from the rights set forth in this License. If You distribute the |
|---|
| 225 |
Executable version under a different license You must make it absolutely |
|---|
| 226 |
clear that any terms which differ from this License are offered by You alone, |
|---|
| 227 |
not by the Initial Developer or any Contributor. You hereby agree to indemnify |
|---|
| 228 |
the Initial Developer and every Contributor for any liability incurred by the |
|---|
| 229 |
Initial Developer or such Contributor as a result of any such terms You offer. |
|---|
| 230 |
|
|---|
| 231 |
3.7. Larger Works. |
|---|
| 232 |
You may create a Larger Work by combining Covered Code with other code not |
|---|
| 233 |
governed by the terms of this License and distribute the Larger Work as a |
|---|
| 234 |
single product. In such a case, You must make sure the requirements of this |
|---|
| 235 |
License are fulfilled for the Covered Code. |
|---|
| 236 |
|
|---|
| 237 |
4. Inability to Comply Due to Statute or Regulation. |
|---|
| 238 |
If it is impossible for You to comply with any of the terms of this License |
|---|
| 239 |
with respect to some or all of the Covered Code due to statute, judicial order, |
|---|
| 240 |
or regulation then You must: (a) comply with the terms of this License to the |
|---|
| 241 |
maximum extent possible; and (b) describe the limitations and the code they |
|---|
| 242 |
affect. Such description must be included in the LEGAL file described in |
|---|
| 243 |
Section 3.4 and must be included with all distributions of the Source Code. |
|---|
| 244 |
Except to the extent prohibited by statute or regulation, such description |
|---|
| 245 |
must be sufficiently detailed for a recipient of ordinary skill to be able |
|---|
| 246 |
to understand it. |
|---|
| 247 |
5. Application of this License. |
|---|
| 248 |
This License applies to code to which the Initial Developer has attached the |
|---|
| 249 |
notice in Exhibit A and to related Covered Code. |
|---|
| 250 |
6. Versions of the License. |
|---|
| 251 |
6.1. New Versions. |
|---|
| 252 |
SugarCRM Inc. (''SugarCRM'') may publish revised and/or new versions of the |
|---|
| 253 |
License from time to time. Each version will be given a distinguishing version |
|---|
| 254 |
number. |
|---|
| 255 |
6.2. Effect of New Versions. |
|---|
| 256 |
Once Covered Code has been published under a particular version of the License, |
|---|
| 257 |
You may always continue to use it under the terms of that version. You may also |
|---|
| 258 |
choose to use such Covered Code under the terms of any subsequent version of the |
|---|
| 259 |
License published by SugarCRM. No one other than SugarCRM has the right to modify |
|---|
| 260 |
the terms applicable to Covered Code created under this License. |
|---|
| 261 |
|
|---|
| 262 |
6.3. Derivative Works. |
|---|
| 263 |
If You create or use a modified version of this License (which you may only do |
|---|
| 264 |
in order to apply it to code which is not already Covered Code governed by this |
|---|
| 265 |
License), You must (a) rename Your license so that the phrases ''SugarCRM'', |
|---|
| 266 |
''SPL'' or any confusingly similar phrase do not appear in your license (except |
|---|
| 267 |
to note that your license differs from this License) and (b) otherwise make it |
|---|
| 268 |
clear that Your version of the license contains terms which differ from the |
|---|
| 269 |
SugarCRM Public License. (Filling in the name of the Initial Developer, Original |
|---|
| 270 |
Code or Contributor in the notice described in Exhibit A shall not of themselves |
|---|
| 271 |
be deemed to be modifications of this License.) |
|---|
| 272 |
|
|---|
| 273 |
7. DISCLAIMER OF WARRANTY. |
|---|
| 274 |
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY |
|---|
| 275 |
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES |
|---|
| 276 |
THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE |
|---|
| 277 |
OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED |
|---|
| 278 |
CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT |
|---|
| 279 |
THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY |
|---|
| 280 |
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL |
|---|
| 281 |
PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT |
|---|
| 282 |
UNDER THIS DISCLAIMER. |
|---|
| 283 |
|
|---|
| 284 |
8. TERMINATION. |
|---|
| 285 |
8.1. This License and the rights granted hereunder will terminate automatically if |
|---|
| 286 |
You fail to comply with terms herein and fail to cure such breach within 30 days of |
|---|
| 287 |
becoming aware of the breach. All sublicenses to the Covered Code which are properly |
|---|
| 288 |
granted shall survive any termination of this License. Provisions which, by their |
|---|
| 289 |
nature, must remain in effect beyond the termination of this License shall survive. |
|---|
| 290 |
|
|---|
| 291 |
8.2. If You initiate litigation by asserting a patent infringement claim (excluding |
|---|
| 292 |
declatory judgment actions) against Initial Developer or a Contributor (the Initial |
|---|
| 293 |
Developer or Contributor against whom You file such action is referred to as |
|---|
| 294 |
"Participant") alleging that: |
|---|
| 295 |
|
|---|
| 296 |
(a) such Participant's Contributor Version directly or indirectly infringes any patent, |
|---|
| 297 |
then any and all rights granted by such Participant to You under Sections 2.1 and/or |
|---|
| 298 |
2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, |
|---|
| 299 |
unless if within 60 days after receipt of notice You either: (i) agree in writing to |
|---|
| 300 |
pay Participant a mutually agreeable reasonable royalty for Your past and future use |
|---|
| 301 |
of Modifications made by such Participant, or (ii) withdraw Your litigation claim |
|---|
| 302 |
with respect to the Contributor Version against such Participant. If within 60 days |
|---|
| 303 |
of notice, a reasonable royalty and payment arrangement are not mutually agreed upon |
|---|
| 304 |
in writing by the parties or the litigation claim is not withdrawn, the rights granted |
|---|
| 305 |
by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the |
|---|
| 306 |
expiration of the 60 day notice period specified above. |
|---|
| 307 |
|
|---|
| 308 |
(b) any software, hardware, or device, other than such Participant's Contributor Version, |
|---|
| 309 |
directly or indirectly infringes any patent, then any rights granted to You by such |
|---|
| 310 |
Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You |
|---|
| 311 |
first made, used, sold, distributed, or had made, Modifications made by that Participant. |
|---|
| 312 |
|
|---|
| 313 |
8.3. If You assert a patent infringement claim against Participant alleging that such |
|---|
| 314 |
Participant's Contributor Version directly or indirectly infringes any patent where such |
|---|
| 315 |
claim is resolved (such as by license or settlement) prior to the initiation of patent |
|---|
| 316 |
infringement litigation, then the reasonable value of the licenses granted by such |
|---|
| 317 |
Participant under Sections 2.1 or 2.2 shall be taken into account in determining the |
|---|
| 318 |
amount or value of any payment or license. |
|---|
| 319 |
|
|---|
| 320 |
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license |
|---|
| 321 |
agreements (excluding distributors and resellers) which have been validly granted by You |
|---|
| 322 |
or any distributor hereunder prior to termination shall survive termination. |
|---|
| 323 |
|
|---|
| 324 |
9. LIMITATION OF LIABILITY. |
|---|
| 325 |
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), |
|---|
| 326 |
CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY |
|---|
| 327 |
DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY |
|---|
| 328 |
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER |
|---|
| 329 |
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER |
|---|
| 330 |
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH |
|---|
| 331 |
PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF |
|---|
| 332 |
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH |
|---|
| 333 |
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME |
|---|
| 334 |
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL |
|---|
| 335 |
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
|---|
| 336 |
|
|---|
| 337 |
10. U.S. GOVERNMENT END USERS. |
|---|
| 338 |
The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 |
|---|
| 339 |
(Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer |
|---|
| 340 |
software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). |
|---|
| 341 |
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), |
|---|
| 342 |
all U.S. Government End Users acquire Covered Code with only those rights set forth herein. |
|---|
| 343 |
|
|---|
| 344 |
11. MISCELLANEOUS. |
|---|
| 345 |
This License represents the complete agreement concerning subject matter hereof. If |
|---|
| 346 |
any provision of this License is held to be unenforceable, such provision shall be |
|---|
| 347 |
reformed only to the extent necessary to make it enforceable. This License shall be |
|---|
| 348 |
governed by California law provisions (except to the extent applicable law, if any, |
|---|
| 349 |
provides otherwise), excluding its conflict-of-law provisions. With respect to disputes |
|---|
| 350 |
in which at least one party is a citizen of, or an entity chartered or registered to do |
|---|
| 351 |
business in the United States of America, any litigation relating to this License shall |
|---|
| 352 |
be subject to the jurisdiction of the Federal Courts of the Northern District of California, |
|---|
| 353 |
with venue lying in Santa Clara County, California, with the losing party responsible for |
|---|
| 354 |
costs, including without limitation, court costs and reasonable attorneys' fees and expenses. |
|---|
| 355 |
The application of the United Nations Convention on Contracts for the International Sale of |
|---|
| 356 |
Goods is expressly excluded. Any law or regulation which provides that the language of a |
|---|
| 357 |
contract shall be construed against the drafter shall not apply to this License. |
|---|
| 358 |
|
|---|
| 359 |
12. RESPONSIBILITY FOR CLAIMS. |
|---|
| 360 |
As between Initial Developer and the Contributors, each party is responsible for claims |
|---|
| 361 |
and damages arising, directly or indirectly, out of its utilization of rights under this |
|---|
| 362 |
License and You agree to work with Initial Developer and Contributors to distribute such |
|---|
| 363 |
responsibility on an equitable basis. Nothing herein is intended or shall be deemed to |
|---|
| 364 |
constitute any admission of liability. |
|---|
| 365 |
|
|---|
| 366 |
13. MULTIPLE-LICENSED CODE. |
|---|
| 367 |
Initial Developer may designate portions of the Covered Code as Multiple-Licensed. |
|---|
| 368 |
Multiple-Licensed means that the Initial Developer permits you to utilize portions of |
|---|
| 369 |
the Covered Code under Your choice of the SPL or the alternative licenses, if any, specified |
|---|
| 370 |
by the Initial Developer in the file described in Exhibit A. |
|---|
| 371 |
|
|---|
| 372 |
|
|---|
| 373 |
SugarCRM Public License 1.1.2 - Exhibit A |
|---|
| 374 |
The contents of this file are subject to the SugarCRM Public License Version 1.1.2 |
|---|
| 375 |
("License"); You may not use this file except in compliance with the |
|---|
| 376 |
License. You may obtain a copy of the License at http://www.sugarcrm.com/SPL |
|---|
| 377 |
Software distributed under the License is distributed on an "AS IS" basis, |
|---|
| 378 |
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for |
|---|
| 379 |
the specific language governing rights and limitations under the License. |
|---|
| 380 |
|
|---|
| 381 |
The Original Code is: SugarCRM Open Source |
|---|
| 382 |
|
|---|
| 383 |
The Initial Developer of the Original Code is SugarCRM, Inc. |
|---|
| 384 |
Portions created by SugarCRM are Copyright (C) 2004 SugarCRM, Inc.; |
|---|
| 385 |
All Rights Reserved. |
|---|
| 386 |
Contributor(s): ______________________________________. |
|---|
| 387 |
|
|---|
| 388 |
|
|---|
| 389 |
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices |
|---|
| 390 |
in the Source Code files of the Original Code. You should use the text of this |
|---|
| 391 |
Exhibit A rather than the text found in the Original Code Source Code for Your |
|---|
| 392 |
Modifications.] |
|---|
| 393 |
|
|---|
| 394 |
|
|---|
| 395 |
|
|---|
| 396 |
SugarCRM Public License 1.1.2 - Exhibit B |
|---|
| 397 |
|
|---|
| 398 |
Additional Terms applicable to the SugarCRM Public License. |
|---|
| 399 |
|
|---|
| 400 |
I. Effect. |
|---|
| 401 |
These additional terms described in this SugarCRM Public License - Additional |
|---|
| 402 |
Terms shall apply to the Covered Code under this License. |
|---|
| 403 |
|
|---|
| 404 |
II. SugarCRM and logo. |
|---|
| 405 |
This License does not grant any rights to use the trademarks "SugarCRM" and the "SugarCRM" |
|---|
| 406 |
logos even if such marks are included in the Original Code or Modifications. |
|---|