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SUGARCRM PUBLIC LICENSE Applies to Sugar Open Source Edition v1 through v4.
Please note that these releases are no longer supported or distributed.
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.
1.1. "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:
B. Any new file that contains any part of the Original Code or previous Modifications.
A. Any addition to or deletion from the contents of a file containing 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.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
(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.
(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
3. Distribution Obligations.
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
(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.
(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.
(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.
6.2. 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.
8.2. 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