You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
150 lines
8.7 KiB
150 lines
8.7 KiB
Zimbra Public License, Version 1.4 (ZPL)
|
|
|
|
This Zimbra Public License (this "Agreement") is a legal agreement that describes
|
|
the terms under which Zimbra, Inc., a Texas corporation ("Zimbra") 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, Zimbra 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 Zimbra with respect
|
|
to the Software. In other words, when You are distributing Modifications under
|
|
this Agreement, You "stand in the shoes" of Zimbra 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 Zimbra, 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 Texas.
|
|
|
|
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 Zimbra, and that such
|
|
license does not restrict recipients from exercising rights in the source
|
|
code to the Software granted by Zimbra under this Agreement or rights in the
|
|
source code to any Modification granted by You as described in Section 1.3.
|
|
|
|
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.
|
|
|
|
2. Support
|
|
|
|
Zimbra has no obligation to provide technical support or updates to You. Nothing
|
|
in this Agreement requires Zimbra 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. ZIMBRA
|
|
MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR
|
|
RELATING TO THE SOFTWARE. SPECIFICALLY, ZIMBRA DOES NOT WARRANT THAT THE SOFTWARE
|
|
WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST
|
|
EXTENT ALLOWED BY LAW, ZIMBRA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES
|
|
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ZIMBRA 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 ZIMBRA 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, AND 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 ZIMBRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
|
|
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, Zimbra may terminate
|
|
this Agreement.
|
|
|
|
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 Zimbra 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 Zimbra's
|
|
liability (Sections 4 and 5), Termination (Section 6), or Miscellaneous (Section
|
|
7), which provisions will survive termination of this Agreement.
|
|
|
|
7. Miscellaneous
|
|
|
|
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 Delaware 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 Zimbra or any of its parents or subsidiaries
|
|
shall be subject to the jurisdiction of the federal or state courts of Northern
|
|
Texas, with venue lying in Dallas County, Texas. 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 Zimbra, 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.
|
|
|