path: root/licenses/SPL-1.1.3

The Sugar Public License Version 1.1.3 ("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 

SUGARCRM PUBLIC LICENSE 
Version 1.1.3 


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1. Definitions. 

1.0.1. "Commercial Use" means distribution or otherwise making the Covered 
Code available to a third party. 
1.1. "Contributor" means each entity that creates or contributes to the 
creation of Modifications. 

1.2. "Contributor Version" means the combination of the Original Code, prior 
Modifications used by a Contributor, and the Modifications made by that 
particular Contributor. 

1.3. "Covered Code" means the Original Code or Modifications or the 
combination of the Original Code and Modifications, in each case including 
portions thereof. 

1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted 
in the software development community for the electronic transfer of data. 

1.5. "Executable" means Covered Code in any form other than Source Code. 

1.6. "Initial Developer" means the individual or entity identified as the 
Initial Developer in the Source Code notice required by Exhibit A. 

1.7. "Larger Work" means a work which combines Covered Code or portions 
thereof with code not governed by the terms of this License. 

1.8. "License" means this document. 

1.8.1. "Licensable" means having the right to grant, to the maximum extent 
possible, whether at the time of the initial grant or subsequently acquired, 
any and all of the rights conveyed herein. 

1.9. "Modifications" means any addition to or deletion from the substance 
or structure of either the Original Code or any previous Modifications. When 
Covered Code is released as a series of files, a Modification is: 

A. Any addition to or deletion from the contents of a file containing Original 
Code or previous Modifications. 
B. Any new file that contains any part of the Original Code or previous 
Modifications. 
 

1.10. "Original Code" means Source Code of computer software code which is 
described in the Source Code notice required by Exhibit A as Original Code, 
and which, at the time of its release under this License is not already Covered 
Code governed by this License. 
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter 
acquired, including without limitation,  method, process, and apparatus claims, 
in any patent Licensable by grantor. 

1.11. "Source Code" means the preferred form of the Covered Code for making 
modifications to it, including all modules it contains, plus any associated 
interface definition files, scripts used to control compilation and installation 
of an Executable, or source code differential comparisons against either the 
Original Code or another well known, available Covered Code of the Contributor's 
choice. The Source Code can be in a compressed or archival form, provided the 
appropriate decompression or de-archiving software is widely available for no 
charge. 

1.12. "You" (or "Your")  means an individual or a legal entity exercising 
rights under, and complying with all of the terms of, this License or a future 
version of this License issued under Section 6.1. For legal entities, "You" 
includes any entity which controls, is controlled by, or is under common 
control with You. For purposes of this definition, "control" means (a) the 
power, direct or indirect, to cause the direction or management of such entity, 
whether by contract or otherwise, or (b) ownership of more than fifty percent 
(50%) of the outstanding shares or beneficial ownership of such entity.

2. Source Code License. 
2.1. The Initial Developer Grant. 
The Initial Developer hereby grants You a world-wide, royalty-free, 
non-exclusive license, subject to third party intellectual property claims: 
(a)  under intellectual property rights (other than patent or trademark) 
Licensable by Initial Developer to use, reproduce, modify, display, perform, 
sublicense and distribute the Original Code (or portions thereof) with or 
without Modifications, and/or as part of a Larger Work; and 
(b) under Patents Claims infringed by the making, using or selling of Original 
Code, to make, have made, use, practice, sell, and offer for sale, and/or 
otherwise dispose of the Original Code (or portions thereof). 
(c) the licenses granted in this Section 2.1(a) and (b) are effective on 
the date Initial Developer first distributes Original Code under the terms 
of this License. 
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for 
code that You delete from the Original Code; 2) separate from the Original Code;  
or 3) for infringements caused by: i) the modification of the Original Code or 
ii) the combination of the Original Code with other software or devices. 
 

2.2. Contributor Grant. 
Subject to third party intellectual property claims, each Contributor hereby 
grants You a world-wide, royalty-free, non-exclusive license 
  
(a)  under intellectual property rights (other than patent or trademark) 
Licensable by Contributor, to use, reproduce, modify, display, perform, 
sublicense and distribute the Modifications created by such Contributor 
(or portions thereof) either on an unmodified basis, with other Modifications, 
as Covered Code and/or as part of a Larger Work; and 
(b) under Patent Claims infringed by the making, using, or selling of  
Modifications made by that Contributor either alone and/or in combination with 
its Contributor Version (or portions of such combination), to make, use, sell, 
offer for sale, have made, and/or otherwise dispose of: 1) Modifications made 
by that Contributor (or portions thereof); and 2) the combination of  
Modifications made by that Contributor with its Contributor Version (or portions of such combination). 
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code. 
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 
1) for any code that Contributor has deleted from the Contributor Version; 
2)  separate from the Contributor Version;  3)  for infringements caused 
by: i) third party modifications of Contributor Version or ii)  the 
combination of Modifications made by that Contributor with other software  
(except as part of the Contributor Version) or other devices; or 4) under 
Patent Claims infringed by Covered Code in the absence of Modifications 
made by that Contributor.


3. Distribution Obligations. 

3.1. Application of License. 
The Modifications which You create or to which You contribute are 
governed by the terms of this License, including without limitation 
Section 2.2. The Source Code version of Covered Code may be distributed 
only under the terms of this License or a future version of this License 
released under Section 6.1, and You must include a copy of this License
with every copy of the Source Code You distribute. You may not offer or 
impose any terms on any Source Code version that alters or restricts the 
applicable version of this License or the recipients' rights hereunder. 
However, You may include an additional document offering the additional 
rights described in Section 3.5. 
3.2. Availability of Source Code. 
Any Modification which You create or to which You contribute must be made 
available in Source Code form under the terms of this License either on 
the same media as an Executable version or via an accepted Electronic 
Distribution Mechanism to anyone to whom you made an Executable version 
available; and if made available via Electronic Distribution Mechanism, 
must remain available for at least twelve (12) months after the date it 
initially became available, or at least six (6) months after a subsequent 
version of that particular Modification has been made available to such 
recipients. You are responsible for ensuring that the Source Code version 
remains available even if the Electronic Distribution Mechanism is 
maintained by a third party. 

3.3. Description of Modifications. 
You must cause all Covered Code to which You contribute to contain a file 
documenting the changes You made to create that Covered Code and the date of 
any change. You must include a prominent statement that the Modification is 
derived, directly or indirectly, from Original Code provided by the Initial 
Developer and including the name of the Initial Developer in (a) the Source 
Code, and (b) in any notice in an Executable version or related documentation 
in which You describe the origin or ownership of the Covered Code. 

3.4. Intellectual Property Matters 

(a) Third Party Claims. 
If Contributor has knowledge that a license under a third party's intellectual 
property rights is required to exercise the rights granted by such Contributor 
under Sections 2.1 or 2.2, Contributor must include a text file with the Source 
Code distribution titled "LEGAL" which describes the claim and the party making 
the claim in sufficient detail that a recipient will know whom to contact. If 
Contributor obtains such knowledge after the Modification is made available as 
described in Section 3.2, Contributor shall promptly modify the LEGAL file in 
all copies Contributor makes available thereafter and shall take other steps 
(such as notifying appropriate mailing lists or newsgroups) reasonably calculated 
to inform those who received the Covered Code that new knowledge has been obtained. 
(b) Contributor APIs. 
If Contributor's Modifications include an application programming interface and 
Contributor has knowledge of patent licenses which are reasonably necessary to 
implement that API, Contributor must also include this information in the LEGAL 
file. 
 

(c) Representations. 
Contributor represents that, except as disclosed pursuant to Section 3.4(a) 
above, Contributor believes that Contributor's Modifications are Contributor's 
original creation(s) and/or Contributor has sufficient rights to grant the 
rights conveyed by this License.

3.5. Required Notices. 
You must duplicate the notice in Exhibit A in each file of the Source Code.  
If it is not possible to put such notice in a particular Source Code file 
due to its structure, then You must include such notice in a location (such 
as a relevant directory) where a user would be likely to look for such a 
notice.  If You created one or more Modification(s) You may add your name as 
a Contributor to the notice described in Exhibit A.  You must also duplicate 
this License in any documentation for the Source Code where You describe 
recipients' rights or ownership rights relating to Covered Code.  You may 
choose to offer, and to charge a fee for, warranty, support, indemnity or 
liability obligations to one or more recipients of Covered Code. However, You 
may do so only on Your own behalf, and not on behalf of the Initial Developer 
or any Contributor. You must make it absolutely clear than any such warranty, 
support, indemnity or liability obligation is offered by You alone, and You 
hereby agree to indemnify the Initial Developer and every Contributor for any 
liability incurred by the Initial Developer or such Contributor as a result of 
warranty, support, indemnity or liability terms You offer. 

3.6. Distribution of Executable Versions. 
You may distribute Covered Code in Executable form only if the requirements 
of Section 3.1-3.5 have been met for that Covered Code, and if You include 
a notice stating that the Source Code version of the Covered Code is available 
under the terms of this License, including a description of how and where 
You have fulfilled the obligations of Section 3.2. The notice must be 
conspicuously included in any notice in an Executable version, related 
documentation or collateral in which You describe recipients' rights relating 
to the Covered Code. You may distribute the Executable version of Covered 
Code or ownership rights under a license of Your choice, which may contain 
terms different from this License, provided that You are in compliance with 
the terms of this License and that the license for the Executable version 
does not attempt to limit or alter the recipient's rights in the Source Code 
version from the rights set forth in this License. If You distribute the 
Executable version under a different license You must make it absolutely 
clear that any terms which differ from this License are offered by You alone, 
not by the Initial Developer or any Contributor. You hereby agree to indemnify 
the Initial Developer and every Contributor for any liability incurred by the 
Initial Developer or such Contributor as a result of any such terms You offer. 

3.7. Larger Works. 
You may create a Larger Work by combining Covered Code with other code not 
governed by the terms of this License and distribute the Larger Work as a 
single product. In such a case, You must make sure the requirements of this 
License are fulfilled for the Covered Code.

4. Inability to Comply Due to Statute or Regulation. 
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Code due to statute, judicial order, 
or regulation then You must: (a) comply with the terms of this License to the 
maximum extent possible; and (b) describe the limitations and the code they 
affect. Such description must be included in the LEGAL file described in 
Section 3.4 and must be included with all distributions of the Source Code. 
Except to the extent prohibited by statute or regulation, such description 
must be sufficiently detailed for a recipient of ordinary skill to be able 
to understand it.

5. Application of this License. 
This License applies to code to which the Initial Developer has attached the 
notice in Exhibit A and to related Covered Code.

6. Versions of the License. 
6.1. New Versions. 
SugarCRM Inc. ("SugarCRM") may publish revised and/or new versions of the 
License from time to time. Each version will be given a distinguishing version 
number. 
6.2. Effect of New Versions. 
Once Covered Code has been published under a particular version of the License, 
You may always continue to use it under the terms of that version. You may also 
choose to use such Covered Code under the terms of any subsequent version of the License published by SugarCRM. No one other than SugarCRM has the right to modify the terms applicable to Covered Code created under this License. 

6.3. Derivative Works. 
If You create or use a modified version of this License (which you may only do 
in order to apply it to code which is not already Covered Code governed by this 
License), You must (a) rename Your license so that the phrases "SugarCRM", 
"SPL" or any confusingly similar phrase do not appear in your license (except 
to note that your license differs from this License) and (b) otherwise make it 
clear that Your version of the license contains terms which differ from the 
SugarCRM Public License. (Filling in the name of the Initial Developer, Original 
Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)

7. DISCLAIMER OF WARRANTY. 
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION. 
8.1.  This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. 

8.2.  If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant")  alleging that: 

(a)  such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i)  agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant.  If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above. 

(b)  any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant. 

8.3.  If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license. 

8.4.  In the event of termination under Sections 8.1 or 8.2 above,  all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.

9. LIMITATION OF LIABILITY. 
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10. U.S. GOVERNMENT END USERS. 
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.

11. MISCELLANEOUS. 
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.

12. RESPONSIBILITY FOR CLAIMS. 
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.

13. MULTIPLE-LICENSED CODE. 
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".  "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the SPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.


SugarCRM Public License 1.1.3 - Exhibit A
The contents of this file are subject to the SugarCRM Public License Version 1.1.3 ("License"); You may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.sugarcrm.com/SPL Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.

The Original Code is: SugarCRM Open Source

The Initial Developer of the Original Code is SugarCRM, Inc.
Portions created by SugarCRM are Copyright (C) 2004 SugarCRM, Inc.;
All Rights Reserved.
Contributor(s): ______________________________________.


[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]


SugarCRM Public License 1.1.3 - Exhibit B

Additional Terms applicable to the SugarCRM Public License.

I. Effect.
These additional terms described in this SugarCRM Public License - Additional Terms shall apply to the Covered Code under this License.

II. SugarCRM and logo. 

This License does not grant any rights to use the trademarks "SugarCRM" and the "SugarCRM" logos even if such marks are included in the Original Code or Modifications. 

However, in addition to the other notice obligations, all copies of the Covered Code in Executable and Source Code form distributed must, as a form of attribution of the original author, include on each user interface screen (i) the "Powered by SugarCRM" logo and (ii) the copyright notice in the same form as the latest version of the Covered Code distributed by SugarCRM, Inc. at the time of distribution of such copy. In addition, the "Powered by SugarCRM" logo must be visible to all users and be located at the very bottom center of each user interface screen. Notwithstanding the above, the dimensions of the "Powered By SugarCRM" logo must be at least 106 x 23 pixels. When users click on the "Powered by SugarCRM" logo it must direct them back to http://www.sugarforge.org. In addition, the copyright notice must remain visible to all users at all times at the bottom of the user interface screen. When users click on the copyright notice, it must direct them back to http://www.sugarforge.org

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"Third-Party Software" means certain software SugarCRM licenses from third parties and provides to you with or within the Software.  Certain Third-Party Software provided with the Software is subject to various other terms and conditions imposed by the licensors of such Third-Party Software.  As applicable, the terms of your use of the Third-Party Software is subject to and governed by their respective licenses except that Section.   A listing of third party software can be found at http://www.sugarcrm.com/crm/3rdpartysoftware