On Sun, 25 Jul 2021 16:26:11 -0700 Walter Landry wrote:
Guilherme Xavier writes:
License Website: https://www.vtiger.com/open-source-crm/vtiger-public-license/
[...]
For future reference, here's the complete text of the license under discussion, obtained with:
$ w3m
https://www.vtiger.com/open-source-crm/vtiger-public-license/ -dump -cols 72
Welcome to the Vtiger Public License
Copyright (c) 2004 - 2017 www.vtiger.com All rights reserved. PLEASE
READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY. ANY USE OF SOFTWARE
DOWNLOADED OR ORDERED FROM VTIGER IS PERMITTED ONLY UNDER LICENSE WITH
VTIGER. BY DOWNLOADING THIS SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS
OF THIS LICENSE AGREEMENT.
1. Definitions.
1.0. "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. Vtiger 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 Vtiger. No one other than Vtiger 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 ''Vtiger'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 Vtiger
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
Indian laws (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 India, any litigation
relating to this License shall be subject to the jurisdiction of the
Courts in Chennai, with venue lying in Tamil Nadu State, India, 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 MPL or the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.
EXHIBIT A - Vtiger Public License.
"The contents of this file are subject to the Vtiger Public License
(the "License"); you may not use this file except in compliance with
the License."
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 Vtiger.
The Initial Developer of the Original Code is Vtiger. Portions created
by Vtiger are Copyright (C) www.vtiger.com. 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.]
EXHIBIT B - Vtiger CRM and Logo
This License does not grant any rights to use the trademarks "Vtiger"
and "Vtiger CRM" and "Vtiger" logos even if such marks are included in
the Original Code or Modifications.
--
http://www.inventati.org/frx/
There's not a second to spare! To the laboratory! ..................................................... Francesco Poli .
GnuPG key fpr == CA01 1147 9CD2 EFDF FB82 3925 3E1C 27E1 1F69 BFFE
-----BEGIN PGP SIGNATURE-----
iQIzBAEBCgAdFiEEygERR5zS79/7gjklPhwn4R9pv/4FAmD/H0sACgkQPhwn4R9p v/5yKQ//R3iRwu+GEFrwfxSX1iYAqHnyQIk4ilRW5NP+xLm/US+VjUYc03QgXd8f 2hbxGfNQQVSFxNzRbzR6rPBXMdnY4UDXvQ5AhJRA20W/lC1IejXfwCTc1bbDSAqH ntVEIInd+m85XKNXt0jXasAQLfwz7gpCx5PGbkgyEdDlR2vsUQYKEQUrZkoudtgV Ib4KfMq9YPBgwZXG56Ih371R6V+Mp32FaVplMADijcaWkdOz7Iwp5myjY9ZgosCV bayK8YAaGv2oSgbfDjVVFkMp5GtzCpDkZB8sZuyXwF8y324gHwxFVJe7fNYFs78X lcK1RY5NpzQ9JsNpImAtKxBbFnqBDzFmH3rkphRnsERghJiZBcUv9rc0zFjHDkZK tdqOqqg2kecIM9+lKjN2kms4I5tI8NTCiAeGqjIJ+bWKQ3zKXCG/ISsk5CBTBYfM vXzyndCkGw/hBxrirBMt34GrIvMLyD0nPBa0D3WfFlNDx0tXWIPLoEKykh3biI42 xkCTeEjVhiS4U2b1LNu6cPeMSXqmpceN83cGAW8ykx2wx1A1mSqDrvbdPp5E8h85 qJRi/XG0LkLDpVtmGRq3Tk3A+UchfDb5JQ7ofzmUtxRSJJ/jcx05KpgavLEsidPY 8ayjuosr2bQi3CuiHLLEKVRvndch+y4D