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key
jahia-1.3.1
short_name
JCSL 1.3.1
name
Jahia Collaborative Source License v1.3.1
category
Copyleft
owner
JAHIA Community
homepage_url
http://www.jahia.org/cms/home/Jahiapedia/Jahia_Licensing
spdx_license_key
LicenseRef-scancode-jahia-1.3.1
text_urls
faq_url
http://www.jahia.org/cms/home/Jahiapedia/Jahia_Licensing
ignorable_urls
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.