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jahia-1.3.1
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JCSL 1.3.1
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Jahia Collaborative Source License v1.3.1
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Copyleft
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JAHIA Community
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http://www.jahia.org/cms/home/Jahiapedia/Jahia_Licensing
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license_text
***** Jahia Collaborative Source License *****
* Recitals
JAHIA COLLABORATVE SOURCE LICENSE
Version 1.3.1
(Rev. Date May 17, 2004)
RECITALS
Original Contributor has developed Specifications and Source Code
implementations of certain Technology; and
Original Contributor desires to license the Technology to a large
community to facilitate research, innovation and product development
while maintaining compatibility of such products with the Technology as
delivered by Original Contributor; and
You desire to license the Technology from Original Contributor on the
terms and conditions specified in this License.
In consideration of the mutual covenants contained herein, You and
Original Contributor agree as follows:
***** Research and Development Use *****
1. Introduction. The JAHIA Collaborative Source License and effective
attachments ("License") may include three distinct licenses: 1) Research
and Development Use, 2) Internal Deployment Use, 3) Contribution
Agreement. The Research and Development Use license is effective when You
execute this License. You have agreed to the terms of the JCSL by
selecting the "Accept" button at the end of the JCSL or executing a
hardcopy JCSL with Original Contributor.
The Internal Deployment Use (Attachment C) and the Contribution Agreement
(Attachment D) must be signed by You and Original Contributor in order to
become effective. Once effective, these licenses and the associated
requirements and responsibilities are cumulative. Capitalized terms used
in this License are defined in the Glossary.
2. License Grants.
2.1. Original Contributor Grant. Subject to Your compliance with Sections
3, 8.10 and Attachment A of this License, Original Contributor grants to
You a worldwide, royalty-free, non-exclusive license, to the extent of
Original Contributor's Intellectual Property Rights covering the Original
Code, Upgraded Code and Specifications, to do the following:
a) Research and Development Use License:
(i) use, reproduce and modify the Original Code, Upgraded Code and
Specifications to create Modifications and Reformatted Specifications for
Research and Development Use by You,
(ii) publish and display Original Code, Upgraded Code and Specifications
with, or as part of Modifications, as permitted under Section 3.1 b)
below,
(iii) reproduce and distribute copies of Original Code and Upgraded Code
with, or as part of Modifications, to other Licensees and students for
Research and Development Use by You,
(iv) compile, reproduce and distribute Original Code and Upgraded Code
with, or as part of Modifications, in Executable form, and Reformatted
Specifications to anyone for Research and Development Use by You.
b) Other than the licenses expressly granted in this License, Original
Contributor retains all right, title, and interest in Original Code and
Upgraded Code and Specifications.
2.2. Your Grants.
a) To Other Licensees. You hereby grant to each Licensee a license to
Your Error Corrections and Shared Modifications, of the same scope and
extent as Original Contributor's licenses under Section 2.1 a) above
relative to Research and Development Use, Attachment C relative to
Internal Deployment Use, and Attachment D relative to Contribution in
kind.
b) To Original Contributor. You hereby grant to Original Contributor a
worldwide, royalty-free, non-exclusive, perpetual and irrevocable
license, to the extent of Your Intellectual Property Rights covering Your
Error Corrections, Shared Modifications and Reformatted Specifications,
to use, reproduce, modify, display and distribute Your Error Corrections,
Shared Modifications and Reformatted Specifications, in any form,
including the right to sublicense such rights through multiple tiers of
distribution.
c) Other than the licenses expressly granted in Sections 2.2 a) and b)
above, and the restriction set forth in Section 3.1 d) (iv) below, You
retain all right, title, and interest in Your Error Corrections, Shared
Modifications and Reformatted Specifications.
2.3. Contributor Modifications. You may use, reproduce, modify, display
and distribute Contributor Error Corrections, Shared Modifications and
Reformatted Specifications, obtained by You under this License, to the
same scope and extent as with Original Code, Upgraded Code and
Specifications.
2.4. Subcontracting Error Corrections or Shared Modifications. You may
deliver the Source Code of Community Code to other Licensees having at
least a Research and Development Use license, for the purpose of
furnishing development services to You in connection with Your rights
granted in this License. All such Licensees must execute appropriate
documents with respect to such work consistent with the terms of this
License, and acknowledging their work-made-for-hire status or assigning
exclusive right to the work product and associated Intellectual Property
Rights to You.
3. Requirements and Responsibilities.
3.1. Research and Development Use License. As a condition of exercising
the rights granted under Section 2.1 a) above, You agree to comply with
the following:
a) Your Contribution to the Community. All Error Corrections and Shared
Modifications which You create or contribute to are automatically subject
to the licenses granted under Section 2.2 above. You are encouraged to
license all of Your other Modifications under Section 2.2 as Shared
Modifications, but are not required to do so. You agree to notify
Original Contributor of any errors in the Specification.
b) Source Code Availability. You agree to provide all Your Error
Corrections to Original Contributor as soon as reasonably practicable
and, in any event, prior to Internal Deployment Use or Commercial Use, if
applicable. Original Contributor may, at its discretion, post Source Code
for Your Error Corrections and Shared Modifications on the Community Web
Server. You may also post Error Corrections and Shared Modifications on a
web-server of Your choice; provided, that You inform the Original
Contributor and that You must take reasonable precautions to ensure that
only Licensees have access to such Error Corrections and Shared
Modifications. Such precautions shall include, without limitation and at
least, a click-on, download certification of Licensee status required of
those attempting to download from the server. An example of an acceptable
certification is attached as Attachment A-2.
c) Notices. All Error Corrections and Shared Modifications You create or
contribute to must include a file documenting the additions and changes
You made and the date of such additions and changes. If it is not
possible to put the notice in a particular Source Code file due to its
structure, then You must include the notice in a location (such as a
relevant directory file), where a recipient would be most likely to look
for such a notice.
d) Redistribution.
(i) Community Code. Community Code may be distributed in Source Code or
Executable form to anybody that accepts the JCSL License conditions and
becomes a licensee. You may not offer or impose any terms on any
Community Code that alter the rights, requirements, or responsibilities
of such Licensee.
(ii) Community Code Compatibility. All Community Code must be Compliant
Community Code prior to any Redistribution, whether originating from You
or acquired from a third party. So if You plan to make any further Shared
Modifications to any Community Code previously determined to be Compliant
Community Code, you must ensure that it continues to be Compliant
Community Code.
(iii) Derivative Work. If You make any non shared Modifications to any
Community Code without contributing them as Shared Modifications, You
must clearly indicate that your distribution is a modified version of the
official Community Code and must clearly remind to your Licensees that
they also have to accept the JCSL License conditions on your Derivative
Work.
(iv) Modified Executable. You may distribute Executable version(s) of a
Derivative Work to Licensees and other third parties only for the purpose
of evaluation and comment in connection with Research and Development Use
by You. You must ensure that the Executable distribution based on a
Derivative Work carries a different mark than the JAHIA Trademarks. You
may distribute a Derivative Work under a license of Your choice, which
may contain terms different from this License, provided (a) that You are
in compliance with the terms of this License, and (b) You must make it
absolutely clear that any terms which differ from this License are
offered by You alone, not by Original Contributor or any other
Contributor. Any other type of use must be subject to the execution of a
complementary license agreement by You and Original Contributor.
(v) Modified Class, Interface and Package Naming. In connection with
Research and Development Use by You only, You may use Original
Contributor's class, interface and package names only to accurately
reference or invoke the Source Code files You modify. Original
Contributor grants to You a limited license to the extent necessary for
such purposes.
(vi) Copyrights and other Attribution Notices. You must retain, in the
Source form of any Derivative Works that You distribute, all copyright,
patent, trademark, and attribution notices from Community Code, excluding
those notices that do not pertain to any part of the Derivative Works.
You may add Your own copyright statement to Your Modifications.
(vii) You expressly agree that any distribution, in whole or in part, of
Modifications developed by You shall only be done pursuant to the terms
and conditions of this License.
e) Extensions.
(i) Community Code. You may not include any Source Code of Community Code
in any Extensions without the prior consent of the Original Contributor;
(ii) Open. You agree to refrain from enforcing any Intellectual Property
Rights You may have covering any interface(s) of Your Extension, which
would prevent the implementation of such interface(s) by Original
Contributor or any Licensee. This obligation does not prevent You from
enforcing any Intellectual Property Right You have that would otherwise
be infringed by an implementation of Your Extension.
(iii) Class, Interface and Package Naming. You may not add any packages,
or any public or protected classes or interfaces with names that
originate or might appear to originate from Original Contributor
including, without limitation, package or class names which begin with
"com.jahia", org.jahia or its equivalents in any subsequent class,
interface and/ or package naming convention adopted by Original
Contributor. It is specifically suggested that You name any new packages
using the "Unique Package Naming Convention" as described in "The Java
Language Specification" by James Gosling, Bill Joy, and Guy Steele, ISBN
0-201-63451-1, August 1996. Section 7.7 "Unique Package Names", on page
125 of this specification which states, in part:
"You form a unique package name by first having (or belonging to an
organization that has) an Internet domain name, such as "sun.com". You
then reverse the name, component by component, to obtain, in this
example, "com.sun", and use this as a prefix for Your package names,
using a convention developed within Your organization to further
administer package names."
3.2. Additional Requirements and Responsibilities. Any additional
requirements and responsibilities relating to the Technology are listed
in Attachment F (Additional Requirements and Responsibilities), if
applicable only, and are hereby incorporated into this Section 3.
4. Versions of the License.
4.1. License Versions. Original Contributor may publish revised versions
of the License from time to time. Each version will be given a
distinguishing version number.
4.2. Effect. Once a particular version of Community Code has been
provided under a version of the License, You may always continue to use
such Community Code under the terms of that version of the License. You
may also choose to use such Community Code under the terms of any
subsequent version of the License. No one other than Original Contributor
has the right to promulgate License versions.
4.3. Conditional Open Sourcing : If Original Contributor decides to stop
supporting a collaborative source compliant license policy as defined by
the Collaborative Source Initiative (www.collaborativesource.org), goes
bankrupt or does not want to adjust this license consequently, Original
Contributor shall release the last version available under a
collaborative source license under an open source license of his choice
as defined by the Open Source Initiative (www.opensource.org).
5. Disclaimer of Warranty.
5.1. COMMUNITY CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COMMUNITY CODE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU AGREE
TO BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF
COMMUNITY CODE UNDER THIS LICENSE. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COMMUNITY
CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.
5.2. You acknowledge that Original Code, Upgraded Code and Specifications
are not designed or intended for use in (i) on-line control of aircraft,
air traffic, aircraft navigation or aircraft communications; or (ii) in
the design, construction, operation or maintenance of any nuclear
facility. Original Contributor disclaims any express or implied warranty
of fitness for such uses.
6. Termination.
6.1. By You. You may terminate this Research and Development Use license
at any time.
6.2. By Original Contributor. This License and the rights granted
hereunder will terminate:
(i) automatically if You fail to comply with the terms of this License
and fail to cure such breach within 30 days of receipt of written notice
of the breach;
(ii) immediately in the event of circumstances specified in Sections 7.1
or 8.4; or
(iii) at Original Contributor's discretion upon any action initiated in
the first instance by You alleging that use or distribution by Original
Contributor or any Licensee, of Original Code, Upgraded Code, Error
Corrections or Shared Modifications contributed by You, or
Specifications, infringe a patent owned or controlled by You.
6.3. Effect of Termination. Upon termination, You agree to discontinue
use and return or destroy all copies of Community Code in your
possession. All sublicenses to the Community Code which you have properly
granted shall survive any termination of this License. Provisions which,
by their nature, should remain in effect beyond the termination of this
License shall survive including, without limitation, Sections 2.2, 3, 5,
7 and 8.
6.4. Each party waives and releases the other from any claim to
compensation or indemnity for permitted or lawful termination of the
business relationship established by this License.
7. Liability.
7.1. Infringement. Should any of the Original Code, Upgraded Code or
Specifications ("Materials") become the subject of a claim of
infringement, Original Contributor may, at its sole option, (i) attempt
to procure the rights necessary for You to continue using the Materials,
(ii) modify the Materials so that they are no longer infringing, or (iii)
terminate Your right to use the infringing code, immediately upon written
notice, while retaining your rights to continue using the Materials that
are not the subject of a claim of infringement.
7.2. LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE
LAW, ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR CLAIMS RELATING TO THIS
LICENSE, WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED
PERCENT (100%) OF THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO
ORIGINAL CONTRIBUTOR FOR ALL COPIES LICENSED HEREUNDER OF THE PARTICULAR
ITEMS GIVING RISE TO SUCH CLAIM, IF ANY. IN NO EVENT WILL YOU (RELATIVE
TO YOUR SHARED MODIFICATIONS OR ERROR CORRECTIONS) OR ORIGINAL
CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE
(INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR OTHER
ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY,
WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
8. Miscellaneous.
8.1. Trademark. You agree to comply with the then current JAHIA Trademark
& logo usage requirements accessible through the Jahia Web Server. Except
as expressly provided in the License, You are granted no right, title or
license to, or interest in, any JAHIA Trademarks. You agree not to (i)
challenge Original Contributor's ownership or use of JAHIA Trademarks;
(ii) attempt to register any JAHIA Trademarks, or any mark or logo
substantially similar thereto; or (iii) incorporate any JAHIA Trademarks
into your own trademarks, product names, service marks, company names, or
domain names.
8.2. Integration. This License represents the complete agreement
concerning the subject matter hereof.
8.3. Assignment. Original Contributor may assign this License, and its
rights and obligations hereunder, in its sole discretion. You may assign
the Research and Development Use portions of this License to a third
party. You may not assign the Internal Deployment Use or Commercial Use
license, including by way of merger (regardless of whether You are the
surviving entity) or acquisition, without Original Contributor's prior
written consent.
8.4. Severability. 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. Notwithstanding the foregoing, if You
are prohibited by law from fully and specifically complying with Sections
2.2 or 3, this License will immediately terminate and You must
immediately discontinue any use of Community Code.
8.5. Governing Law. This License shall be exclusively governed by the
laws of Switzerland. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
8.6. Dispute Resolution. All disputes arising out of or in connection
with the present License, including disputes on its conclusion, binding
effect, amendment and termination shall be resolved, to the exclusion of
the ordinary courts by a single Arbitrator in accordance with the
International Arbitration Rules of the Geneva Chamber of Commerce. The
decision of the Arbitrator shall be final, and the parties waive all
challenge of the award in accordance with art. 192 of the Swiss Private
International Law Statute.
8.7. Construction. Any law or regulation which provides that the language
of a contract shall be construed against the drafter shall not apply to
this License.
8.8. U.S. Government End Users. The Community 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 Community
Code with only those rights set forth herein. You agree to pass this
notice to Your licensees.
8.9. Press Announcements. All press announcements relative to the
execution of this License must be reviewed and approved by Original
Contributor and You prior to release.
8.10. International Use.
a) Export/Import Laws. Community Code is subject to Swiss export control
laws and may be subject to export or import regulations in other
countries. Each party agrees to comply strictly with all such laws and
regulations and acknowledges their responsibility to obtain such licenses
to export, re-export, or import as may be required. You agree to pass
these obligations to Your licensees.
b) Intellectual Property Protection. Due to limited intellectual property
protection and enforcement in certain countries, You agree not to
redistribute the Original Code, Upgraded Code, and Specifications to any
country other than the list of restricted countries on the JCSL Web
Server.
8.11. Language. This License is in the English language only, which
language shall be controlling in all respects, and all versions of this
License in any other language shall be for accommodation only and shall
not be binding on the parties to this License. All communications and
notices made or given pursuant to this License, and all documentation and
support to be provided, unless otherwise noted, shall be in the English
language.
GLOSSARY
1. "Commercial Use" means any use of a Derivative Work by You to any
third party, alone or bundled with any other software or hardware, for
direct or indirect commercial or strategic gain or advantage, is subject
to execution of a purchase or reselling agreement by You and Original
Contributor.
2. "Community Code" means the Original Code, Upgraded Code, Error
Corrections, Shared Modifications, or any combination thereof.
3. "Community Web Server(s)" means the web server(s) designated by
Original Contributor for posting Error Corrections and Shared
Modifications and/or accessing documentation.
4. "Compliant Community Code" means Shared Modifications that have been
submitted to Original Contributor for review and have been accepted as
valid and correct Community Code.
5. "Contributor" means each Licensee that creates or contributes to the
creation of any Error Correction or Shared Modification.
6. "Derivative Work" means any work, whether in Source or Object form,
that is based on (or derived from) Community Code and for which the
editorial revisions, annotations, elaborations, or other Modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Community Code and Derivative Works thereof.
7. "Error Correction" means any change made to Community Code which
conforms to the Specification and corrects the adverse effect of a
failure of Community Code to perform any function set forth in or
required by the Specifications.
8. "Executable" means the Original Code, Upgraded Code, Modifications, or
any combination thereof that has been converted to a form other than
Source Code.
9. "Extension(s)" means any additional classes or other programming code
and/or interfaces developed by or for You which: (i) are designed for use
with the Technology; (ii) constitute an API for a library of computing
functions or services; and (iii) are disclosed to third party software
developers for the purpose of developing software which invokes such
additional classes or other programming code and/or interfaces. The
foregoing shall not apply to software development by Your subcontractors
to be exclusively used by You.
10. "Intellectual Property Rights" means worldwide statutory and common
law rights associated solely with (i) patents and patent applications;
(ii) works of authorship including copyrights, copyright applications,
copyright registrations and "moral rights"; (iii) the protection of trade
and industrial secrets and confidential information; ; (iv) trademarks,
trade names, service marks and logos (whether the same is registered or
unregistered), and (v) divisions, continuations, renewals, and re-
issuances of the foregoing now existing or acquired in the future.
11. "Internal Deployment Use" means use of the Original Code, Upgraded
Code, Modifications, or any combination thereof (excluding Research and
Development Use) within Your business or organization only by Your
employees and/or agents, subject to execution of Attachment C by You and
Original Contributor, if required.
12. "Licensee" means any party that has entered into and has in effect a
version of this License with Original Contributor.
13. "Modification(s)" means (i) any change to Community Code; (ii) any
new file or other representation of computer program statements that
contains any portion of Community Code; and/or (iii) any new Source Code
implementing any portion of the Specifications.
14. "Original Code" means the initial Source Code for the Technology as
described on the Technology Download Site.
15. "Original Contributor" means Jahia Ltd., 45, rue de la Gare, 1260
Nyon, Switzerland.
16. "Reformatted Specifications" means any revision to the Specifications
which translates or reformats the Specifications (as for example in
connection with Your documentation) but which does not alter, subset or
superset the functional or operational aspects of the Specifications.
17. "Research and Development Use" means use and distribution of the
Original Code, Upgraded Code, Modifications, or any combination thereof
only for Your research, development, educational or personal and
individual use, and expressly excludes Internal Deployment Use and
Commercial Use.
18. "JCSL Webpage" means the JAHIA Collaborative Source license webpage
located at http://www.jahia.org/ or such other URL that Original
Contributor may designate from time to time.
19. "Shared Modifications" means Modifications provided by You, at Your
option, pursuant to Section 2.2, or received by You from a Contributor
pursuant to Section 2.3.
20. "Source Code" means computer program statements written in any high-
level, readable form suitable for modification and development.
21. "Specifications" means the specifications for the Technology and
other documentation, as designated on the Jahia WebServer, as may be
revised by Original Contributor and other Contributors from time to time.
22. "JAHIA Trademarks" means Original Contributor's JAHIA trademarks and
logos, whether now used or adopted in the future.
23. "Technology" means the technology described in Attachment B, and
Upgrades.
24. "Technology Download Site" means the site(s) designated by Original
Contributor for access to the Original Code, Upgraded Code and
Specifications.
25. "Upgrade(s)" means new versions of Technology designated exclusively
by Original Contributor as an "Upgrade" and released by Original
Contributor from time to time.
26. "Upgraded Code" means the Source Code for Upgrades, possibly
including Error Corrections and Shared Modifications made by
Contributors.
27. "You(r)" means an individual, or a legal entity acting by and through
an individual or individuals, exercising rights either under this License
or under a future version of this License issued pursuant to Section 4.1.
For legal entities, "You(r)" includes any entity that by majority voting
interest controls, is controlled by, or is under common control with You.