vtiger Public License Version 1.0
Copyright (c) 2004 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.
1.0.1. "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
1.6. ''Initial Developer'' means the individual or entity identified
as the Initial Developer in the Source Code notice required by Exhibit
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
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
(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
(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
(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;
(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
(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
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
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.
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
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
6. Versions of the License.
6.1. New Versions.
Netscape Communications Corporation (''Netscape'') 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
Netscape. No one other than Netscape 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'', ''vtigerPL'', ''MOZPL'', ''Netscape'',
"MPL", ''NPL'' 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
and Netscape 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.
8.1. 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
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
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.
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 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
Version 1.0 (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 Outlook Plug-in.
The Initial Developer of the Original Code is vtiger. Portions created
by vtiger are Copyright (C) www.vtiger.com. All Rights Reserved.
[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.]