Open Source: Licensing

Scalix Public License (SPL)

Scalix Public License (SPL)

The Scalix Public License Version 1.1 ("SPL") consists of the Mozilla Public License Version 1.1, 
modified to be specific to Scalix, with the Additional Terms in Exhibit B. The original Mozilla 
Public License 1.1 can be found at: http://www.mozilla.org/MPL/MPL-1.1.html


1.      Definitions. 

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 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. Scalix, Inc. ("Scalix") 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 Scalix. No one other than Scalix 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 "Scalix", "SPL" 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 Scalix 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 declaratory 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 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 San Mateo 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 SPL or the 
        alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A. 



EXHIBIT A -Scalix Public License. 

The contents of this file are subject to the Scalix Public License
Version 1.1 ("License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://www.scalix.com/community/licensing

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 ______________________________________.
The Initial Developer of the Original Code is ________________________.
Portions created by ______________________ are Copyright (C) ______
_______________________. All Rights Reserved.

Contributor(s): ______________________________________. 



EXHIBIT B - Scalix Public License. 

Additional Terms applicable to the Scalix Public License. 

I.  Effect. 

    These additional terms described in this Scalix Public License - Additional Terms shall apply to the Covered 
    Code under this License. 

II. Scalix Trademark and logo. 
    
    This License does not grant any rights to use the trademarks "Scalix" and the "Scalix" logos even if such 
    marks are included in the Original Code or Modifications. 

However, in addition to the other notice obligations, all copies of the Covered Code in Executable and Source 
Code form distributed must, as a form of attribution of the original author, include on each user interface 
screen (i) the "Scalix" logo and (ii) the copyright notice in the same form as the latest version of the Covered 
Code distributed by Scalix at the time of distribution of such copy. In addition, the "Scalix" logo must be 
visible to all users and be in the same position as and at least as large as the Scalix logo is within the 
Original Code. When users click on the original Scalix logo it must direct them to http://www.scalix.com/.  
In addition, the copyright notice must remain visible to all users at all times at the bottom of the user 
interface screen. When users click on the copyright notice, it must direct them back to http://www.scalix.com