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Zimbra PL 1.3
Zimbra Public License v1.3
Zimbra Public License, Version 1.3 (ZPL)
This Zimbra Public License (this "Agreement") is a legal agreement that
describes the terms under which VMware, Inc., a Delaware corporation having its
principal place of business at 3401 Hillview Avenue, Palo Alto, California 94304
("VMware") will provide software to you via download or otherwise ("Software").
By using the Software, you, an individual or an entity ("You") agree to the
terms of this Agreement.
In consideration of the mutual promises and upon the terms and conditions set
forth below, the parties agree as follows:
1. Grant of Copyright License
1.1 - Subject to the terms and conditions of this Agreement, VMware hereby
grants to You, under any and all of its copyright interest in and to the
Software, a royalty-free, non-exclusive, non-transferable license to copy,
modify, compile, execute, and distribute the Software and Modifications. For the
purposes of this Agreement, any change to, addition to, or abridgement of the
Software made by You is a "Modification;" however, any file You add to the
Software that does not contain any part of the Software is not a "Modification."
1.2 - If You are an individual acting on behalf of a corporation or other
entity, Your use of the Software or any Modification is subject to Your having
the authority to bind such corporation or entity to this Agreement. Providing
copies to persons within such corporation or entity is not considered
distribution for purposes of this Agreement.
1.3 - For the Software or any Modification You distribute in source code format,
You must do so only under the terms of this Agreement, and You must include a
complete copy of this Agreement with Your distribution. With respect to any
Modification You distribute in source code format, the terms of this Agreement
will apply to You in the same way those terms apply to VMware with respect to
the Software. In other words, when You are distributing Modifications under this
Agreement, You "stand in the shoes" of VMware in terms of the rights You grant
and how the terms and conditions apply to You and the licensees of Your
Modifications. Notwithstanding the foregoing, when You "stand in the shoes" of
VMware, You are not subject to the jurisdiction provision under Section 7, which
requires all disputes under this Agreement to be subject to the jurisdiction of
federal or state courts of northern California.
1.4 - For the Software or any Modification You distribute in compiled or object
code format, You must also provide recipients with access to the Software or
Modification in source code format along with a complete copy of this Agreement.
The distribution of the Software or Modifications in compiled or object code
format may be under a license of Your choice, provided that You are in
compliance with the terms of this Agreement. In addition, You must make
absolutely clear that any license terms applying to such Software or
Modification that differ from this Agreement are offered by You alone and not by
VMware, and that such license does not restrict recipients from exercising
rights in the source code to the Software granted by VMware under this Agreement
or rights in the source code to any Modification granted by You as described in
1.5 - This Agreement does not limit Your right to distribute files that are
entirely Your own work (i.e., which do not incorporate any portion of the
Software and are not Modifications) under any terms You choose.
VMware has no obligation to provide technical support or updates to You. Nothing
in this Agreement requires VMware to enter into any license with You for any
other edition of the Software.
3. Intellectual Property Rights
3.1 - Except for the license expressly granted under copyright in Section 1.1,
no rights, licenses or forbearances are granted or may arise in relation to this
Agreement whether expressly, by implication, exhaustion, estoppel or otherwise.
All rights, including all intellectual property rights, that are not expressly
granted under this Agreement are hereby reserved.
3.2 - In any copy of the Software or in any Modification you create, You must
retain and reproduce, any and all copyright, patent, trademark, and attribution
notices that are included in the Software in the same form as they appear in the
Software. This includes the preservation of attribution notices in the form of
trademarks or logos that exist within a user interface of the Software.
3.3 - This license does not grant You rights to use any party's name, logo, or
trademarks, except solely as necessary to comply with Section 3.2.
4. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. VMWARE MAKES
NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO
THE SOFTWARE. SPECIFICALLY, VMWARE DOES NOT WARRANT THAT THE SOFTWARE WILL BE
ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST EXTENT
ALLOWED BY LAW, VMWARE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF VMWARE HAD BEEN
INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, ANY
MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE FOREGOING.
5. Limitation of Liability
IN NO EVENT WILL VMWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION
LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF
COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE FURNISHING,
PERFORMANCE OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED HEREUNDER,
WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING
NEGLIGENCE, AND EVEN IF VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
6. Term and Termination
6.1 - This Agreement will continue in effect unless and until terminated earlier
pursuant to this Section 6.
6.2 - In the event You violate the terms of this Agreement, VMware may terminate
6.3 - All licenses granted hereunder shall terminate upon the termination of
this Agreement. Termination will be in addition to any rights and remedies
available to VMware at law or equity or under this Agreement.
6.4 - Termination of this Agreement will not affect the provisions regarding
reservation of rights (Section 3.1), provisions disclaiming or limiting VMware's
liability (Sections 4 and 5), Termination (Section 6) or Miscellaneous (Section
7), which provisions will survive termination of this Agreement.
This Agreement contains the entire agreement of the parties with respect to the
subject matter of this Agreement and supersedes all previous communications,
representations, understandings and agreements, either oral or written, between
the parties with respect to said subject matter. The relationship of the parties
hereunder is that of independent contractors, and this Agreement will not be
construed as creating an agency, partnership, joint venture or any other form of
legal association between the parties. If any term, condition, or provision in
this Agreement is found to be invalid, unlawful or unenforceable to any extent,
this Agreement will be construed in a manner that most closely effectuates the
intent of this Agreement. Such invalid term, condition or provision will be
severed from the remaining terms, conditions and provisions, which will continue
to be valid and enforceable to the fullest extent permitted by law. This
Agreement will be interpreted and construed in accordance with the laws of the
State of California and the United States of America, without regard to conflict
of law principles. The U.N. Convention on Contracts for the International Sale
of Goods shall not apply to this Agreement. All disputes arising out of this
Agreement involving VMware or any of its subsidiaries shall be subject to the
jurisdiction of the federal or state courts of northern California, with venue
lying in Santa Clara County, California. No rights may be assigned, no
obligations may be delegated, and this Agreement may not be transferred by You,
in whole or in part, whether voluntary or by operation of law, including by way
of sale of assets, merger or consolidation, without the prior written consent of
VMware, and any purported assignment, delegation or transfer without such
consent shall be void ab initio. Any waiver of the provisions of this Agreement
or of a party's rights or remedies under this Agreement must be in writing to be
effective. Failure, neglect or delay by a party to enforce the provisions of
this Agreement or its rights or remedies at any time, will not be construed or
be deemed to be a waiver of such party's rights under this Agreement and will
not in any way affect the validity of the whole or any part of this Agreement or
prejudice such party's right to take subsequent action.