432 lines
24 KiB
Plaintext
432 lines
24 KiB
Plaintext
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SUGARCRM PUBLIC LICENSE
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Version 1.1.3
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The SugarCRM Public License Version ("SPL") consists of the Mozilla
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Public License Version 1.1, modified to be specific to SugarCRM, with the
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Additional Terms in Exhibit B. The original Mozilla Public License 1.1 can be
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found at: http://www.mozilla.org/MPL/MPL-1.1.html
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1. Definitions.
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1.0.1. "Commercial Use" means distribution or otherwise making the
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Covered Code available to a third party.
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1.1. ''Contributor'' means each entity that creates or contributes to the
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creation of Modifications.
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1.2. ''Contributor Version'' means the combination of the Original Code, prior
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Modifications used by a Contributor, and the Modifications made by that
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particular Contributor.
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1.3. ''Covered Code'' means the Original Code or Modifications or the
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combination of the Original Code and Modifications, in each case including
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portions thereof.
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1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted
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in the software development community for the electronic transfer of data.
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1.5. ''Executable'' means Covered Code in any form other than Source Code.
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1.6. ''Initial Developer'' means the individual or entity identified as the
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Initial Developer in the Source Code notice required by Exhibit A.
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1.7. ''Larger Work'' means a work which combines Covered Code or portions
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thereof with code not governed by the terms of this License.
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1.8. ''License'' means this document.
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1.8.1. "Licensable" means having the right to grant, to the maximum
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extent possible, whether at the time of the initial grant or subsequently
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acquired, any and all of the rights conveyed herein.
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1.9. ''Modifications'' means any addition to or deletion from the substance or
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structure of either the Original Code or any previous Modifications. When
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Covered Code is released as a series of files, a Modification is:
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A. Any addition to or deletion from the contents of a file containing Original
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Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or previous
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Modifications.
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1.10. ''Original Code'' means Source Code of computer software code which is
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described in the Source Code notice required by Exhibit A as Original Code, and
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which, at the time of its release under this License is not already Covered
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Code governed by this License.
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1.10.1. "Patent Claims" means any patent claim(s), now owned or
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hereafter acquired, including without limitation, method, process, and
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apparatus claims, in any patent Licensable by grantor.
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1.11. ''Source Code'' means the preferred form of the Covered Code for making
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modifications to it, including all modules it contains, plus any associated
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interface definition files, scripts used to control compilation and
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installation of an Executable, or source code differential comparisons against
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either the Original Code or another well known, available Covered Code of the
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Contributor's choice. The Source Code can be in a compressed or archival form,
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provided the appropriate decompression or de-archiving software is widely
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available for no charge.
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1.12. "You'' (or "Your") means an individual or a legal entity
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exercising rights under, and complying with all of the terms of, this License
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or a future version of this License issued under Section 6.1. For legal
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entities, "You'' includes any entity which controls, is controlled by, or
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is under common control with You. For purposes of this definition,
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"control'' means (a) the power, direct or indirect, to cause the direction
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or management of such entity, whether by contract or otherwise, or (b)
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ownership of more than fifty percent (50%) of the outstanding shares or
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beneficial ownership of such entity.
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2. Source Code License.
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2.1. The Initial Developer Grant.
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The Initial Developer hereby grants You a world-wide, royalty-free, non-
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exclusive license, subject to third party intellectual property claims:
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Initial Developer to use, reproduce, modify, display, perform,
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sublicense and distribute the Original Code (or portions thereof) with or
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without Modifications, and/or as part of a Larger Work; and
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(b) under Patents Claims infringed by the making, using or selling of Original
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Code, to make, have made, use, practice, sell, and offer for sale, and/or
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otherwise dispose of the Original Code (or portions thereof).
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(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
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date Initial Developer first distributes Original Code under the terms of this
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License.
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(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for
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code that You delete from the Original Code; 2) separate from the Original
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Code; or 3) for infringements caused by: i) the modification of the Original
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Code or ii) the combination of the Original Code with other software or
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devices.
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2.2. Contributor Grant.
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Subject to third party intellectual property claims, each Contributor hereby
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grants You a world-wide, royalty-free, non-exclusive license
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Contributor, to use, reproduce, modify, display, perform,
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sublicense and distribute the Modifications created by such Contributor (or
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portions thereof) either on an unmodified basis, with other Modifications, as
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Covered Code and/or as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using, or selling of
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Modifications made by that Contributor either alone and/or in combination with
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its Contributor Version (or portions of such combination), to make, use, sell,
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offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
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by that Contributor (or portions thereof); and 2) the combination of
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Modifications made by that Contributor with its Contributor Version (or
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portions of such combination).
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
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date Contributor first makes Commercial Use of the Covered Code.
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(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for
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any code that Contributor has deleted from the Contributor Version; 2) separate
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from the Contributor Version; 3) for infringements caused by: i) third party
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modifications of Contributor Version or ii) the combination of Modifications
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made by that Contributor with other software (except as part of the Contributor
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Version) or other devices; or 4) under Patent Claims infringed by Covered Code
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in the absence of Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1. Application of License.
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The Modifications which You create or to which You contribute are governed by
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the terms of this License, including without limitation Section 2.2. The Source
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Code version of Covered Code may be distributed only under the terms of this
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License or a future version of this License released under Section 6.1, and You
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must include a copy of this License with every copy of the Source Code You
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distribute. You may not offer or impose any terms on any Source Code version
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that alters or restricts the applicable version of this License or the
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recipients' rights hereunder. However, You may include an additional document
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offering the additional rights described in Section 3.5.
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3.2. Availability of Source Code.
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Any Modification which You create or to which You contribute must be made
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available in Source Code form under the terms of this License either on the
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same media as an Executable version or via an accepted Electronic Distribution
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Mechanism to anyone to whom you made an Executable version available; and if
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made available via Electronic Distribution Mechanism, must remain available for
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at least twelve (12) months after the date it initially became available, or at
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least six (6) months after a subsequent version of that particular Modification
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has been made available to such recipients. You are responsible for ensuring
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that the Source Code version remains available even if the Electronic
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Distribution Mechanism is maintained by a third party.
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3.3. Description of Modifications.
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You must cause all Covered Code to which You contribute to contain a file
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documenting the changes You made to create that Covered Code and the date of
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any change. You must include a prominent statement that the Modification is
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derived, directly or indirectly, from Original Code provided by the Initial
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Developer and including the name of the Initial Developer in (a) the Source
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Code, and (b) in any notice in an Executable version or related documentation
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in which You describe the origin or ownership of the Covered Code.
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3.4. Intellectual Property Matters
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(a) Third Party Claims.
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If Contributor has knowledge that a license under a third party's intellectual
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property rights is required to exercise the rights granted by such Contributor
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under Sections 2.1 or 2.2, Contributor must include a text file with the Source
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Code distribution titled "LEGAL'' which describes the claim and the party
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making the claim in sufficient detail that a recipient will know whom to
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contact. If Contributor obtains such knowledge after the Modification is made
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available as described in Section 3.2, Contributor shall promptly modify the
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LEGAL file in all copies Contributor makes available thereafter and shall take
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other steps (such as notifying appropriate mailing lists or newsgroups)
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reasonably calculated to inform those who received the Covered Code that new
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knowledge has been obtained.
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(b) Contributor APIs.
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If Contributor's Modifications include an application programming interface and
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Contributor has knowledge of patent licenses which are reasonably necessary to
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implement that API, Contributor must also include this information in the LEGAL
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file.
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(c) Representations.
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Contributor represents that, except as disclosed pursuant to Section 3.4(a)
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above, Contributor believes that Contributor's Modifications are Contributor's
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original creation(s) and/or Contributor has sufficient rights to grant the
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rights conveyed by this License.
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3.5. Required Notices.
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You must duplicate the notice in Exhibit A in each file of the Source Code. If
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it is not possible to put such notice in a particular Source Code file due to
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its structure, then You must include such notice in a location (such as a
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relevant directory) where a user would be likely to look for such a notice. If
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You created one or more Modification(s) You may add your name as a Contributor
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to the notice described in Exhibit A. You must also duplicate this License in
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any documentation for the Source Code where You describe recipients' rights or
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ownership rights relating to Covered Code. You may choose to offer, and to
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charge a fee for, warranty, support, indemnity or liability obligations to one
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or more recipients of Covered Code. However, You may do so only on Your own
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behalf, and not on behalf of the Initial Developer or any Contributor. You must
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make it absolutely clear than any such warranty, support, indemnity or
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liability obligation is offered by You alone, and You hereby agree to indemnify
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the Initial Developer and every Contributor for any liability incurred by the
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Initial Developer or such Contributor as a result of warranty, support,
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indemnity or liability terms You offer.
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3.6. Distribution of Executable Versions.
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You may distribute Covered Code in Executable form only if the requirements of
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Section 3.1-3.5 have been met for that Covered Code, and if You include a
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notice stating that the Source Code version of the Covered Code is available
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under the terms of this License, including a description of how and where You
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have fulfilled the obligations of Section 3.2. The notice must be conspicuously
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included in any notice in an Executable version, related documentation or
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collateral in which You describe recipients' rights relating to the Covered
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Code. You may distribute the Executable version of Covered Code or ownership
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rights under a license of Your choice, which may contain terms different from
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this License, provided that You are in compliance with the terms of this
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License and that the license for the Executable version does not attempt to
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limit or alter the recipient's rights in the Source Code version from the
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rights set forth in this License. If You distribute the Executable version
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under a different license You must make it absolutely clear that any terms
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which differ from this License are offered by You alone, not by the Initial
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Developer or any Contributor. You hereby agree to indemnify the Initial
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Developer and every Contributor for any liability incurred by the Initial
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Developer or such Contributor as a result of any such terms You offer.
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3.7. Larger Works.
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You may create a Larger Work by combining Covered Code with other code not
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governed by the terms of this License and distribute the Larger Work as a
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single product. In such a case, You must make sure the requirements of this
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License are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of this License
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with respect to some or all of the Covered Code due to statute, judicial order,
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or regulation then You must: (a) comply with the terms of this License to the
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maximum extent possible; and (b) describe the limitations and the code they
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affect. Such description must be included in the LEGAL file described in
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Section 3.4 and must be included with all distributions of the Source Code.
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Except to the extent prohibited by statute or regulation, such description must
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be sufficiently detailed for a recipient of ordinary skill to be able to
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understand it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has attached the
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notice in Exhibit A and to related Covered Code.
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6. Versions of the License.
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6.1. New Versions.
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SugarCRM Inc. (''SugarCRM'') may publish revised and/or new versions of the
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License from time to time. Each version will be given a distinguishing version
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number.
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6.2. Effect of New Versions.
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Once Covered Code has been published under a particular version of the License,
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You may always continue to use it under the terms of that version. You may also
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choose to use such Covered Code under the terms of any subsequent version of
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the License published by SugarCRM. No one other than SugarCRM has the right to
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modify the terms applicable to Covered Code created under this License.
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6.3. Derivative Works.
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If You create or use a modified version of this License (which you may only do
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in order to apply it to code which is not already Covered Code governed by this
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License), You must (a) rename Your license so that the phrases ''SugarCRM'',
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''SPL'' or any confusingly similar phrase do not appear in your license (except
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to note that your license differs from this License) and (b) otherwise make it
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clear that Your version of the license contains terms which differ from the
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SugarCRM Public License. (Filling in the name of the Initial Developer,
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Original Code or Contributor in the notice described in Exhibit A shall not of
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themselves be deemed to be modifications of this License.)
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
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WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
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FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
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QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED
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CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
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OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
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CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
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LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
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DISCLAIMER.
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8. TERMINATION.
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8.1. This License and the rights granted hereunder will terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within 30
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days of becoming aware of the breach. All sublicenses to the Covered Code which
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are properly granted shall survive any termination of this License. Provisions
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which, by their nature, must remain in effect beyond the termination of this
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License shall survive.
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8.2. If You initiate litigation by asserting a patent infringement claim
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(excluding declatory judgment actions) against Initial Developer or a
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Contributor (the Initial Developer or Contributor against whom You file such
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action is referred to as "Participant") alleging that:
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(a) such Participant's Contributor Version directly or indirectly infringes any
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patent, then any and all rights granted by such Participant to You under
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Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
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Participant terminate prospectively, unless if within 60 days after receipt of
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notice You either: (i) agree in writing to pay Participant a mutually agreeable
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reasonable royalty for Your past and future use of Modifications made by such
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Participant, or (ii) withdraw Your litigation claim with respect to the
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Contributor Version against such Participant. If within 60 days of notice, a
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reasonable royalty and payment arrangement are not mutually agreed upon in
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writing by the parties or the litigation claim is not withdrawn, the rights
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granted by Participant to You under Sections 2.1 and/or 2.2 automatically
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terminate at the expiration of the 60 day notice period specified above.
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(b) any software, hardware, or device, other than such Participant's
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Contributor Version, directly or indirectly infringes any patent, then any
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rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are
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revoked effective as of the date You first made, used, sold, distributed, or
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had made, Modifications made by that Participant.
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8.3. If You assert a patent infringement claim against Participant alleging
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that such Participant's Contributor Version directly or indirectly infringes
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any patent where such claim is resolved (such as by license or settlement)
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prior to the initiation of patent infringement litigation, then the reasonable
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value of the licenses granted by such Participant under Sections 2.1 or 2.2
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shall be taken into account in determining the amount or value of any payment
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or license.
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8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
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license agreements (excluding distributors and resellers) which have been
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validly granted by You or any distributor hereunder prior to termination shall
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survive termination.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
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OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY
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OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
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OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
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OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
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HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
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FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
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LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
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INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
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APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R.
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2.101 (Oct. 1995), consisting of ''commercial computer software'' and
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''commercial computer software documentation,'' as such terms are used in 48
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C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
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227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users
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acquire Covered Code with only those rights set forth herein.
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11. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter
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hereof. If any provision of this License is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to make it
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enforceable. This License shall be governed by California law provisions
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(except to the extent applicable law, if any, provides otherwise), excluding
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its conflict-of-law provisions. With respect to disputes in which at least one
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party is a citizen of, or an entity chartered or registered to do business in
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the United States of America, any litigation relating to this License shall be
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subject to the jurisdiction of the Federal Courts of the Northern District of
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California, with venue lying in Santa Clara County, California, with the losing
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party responsible for costs, including without limitation, court costs and
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reasonable attorneys' fees and expenses. The application of the United Nations
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Convention on Contracts for the International Sale of Goods is expressly
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excluded. Any law or regulation which provides that the language of a contract
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shall be construed against the drafter shall not apply to this License.
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12. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer and the Contributors, each party is responsible
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for claims and damages arising, directly or indirectly, out of its utilization
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of rights under this License and You agree to work with Initial Developer and
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Contributors to distribute such responsibility on an equitable basis. Nothing
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herein is intended or shall be deemed to constitute any admission of liability.
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13. MULTIPLE-LICENSED CODE.
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Initial Developer may designate portions of the Covered Code as
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"Multiple-Licensed". "Multiple-Licensed" means that the
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Initial Developer permits you to utilize portions of the Covered Code under
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Your choice of the SPL or the alternative licenses, if any, specified by the
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Initial Developer in the file described in Exhibit A.
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SugarCRM Public License 1.1.3 - Exhibit A
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The contents of this file are subject to the SugarCRM Public License Version
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1.1.3
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("License"); You may not use this file except in compliance with the
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License. You may obtain a copy of the License at http://www.sugarcrm.com/SPL
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Software distributed under the License is distributed on an "AS IS"
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basis,
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WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
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the specific language governing rights and limitations under the License.
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The Original Code is: SugarCRM Open Source
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The Initial Developer of the Original Code is SugarCRM, Inc.
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Portions created by SugarCRM are Copyright (C) 2004 SugarCRM, Inc.;
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All Rights Reserved.
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Contributor(s): ______________________________________.
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[NOTE: The text of this Exhibit A may differ slightly from the text of the
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notices in the Source Code files of the Original Code. You should use the text
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of this Exhibit A rather than the text found in the Original Code Source Code
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for Your Modifications.]
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SugarCRM Public License 1.1.3 - Exhibit B
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Additional Terms applicable to the SugarCRM Public License.
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I. Effect.
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These additional terms described in this SugarCRM Public License –
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Additional Terms shall apply to the Covered Code under this License.
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II. SugarCRM and logo.
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This License does not grant any rights to use the trademarks
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"SugarCRM" and the "SugarCRM" logos even if such marks are
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included in the Original Code or Modifications.
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However, in addition to the other notice obligations, all copies of the Covered
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Code in Executable and Source Code form distributed must, as a form of
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attribution of the original author, include on each user interface screen (i)
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the "Powered by SugarCRM" logo and (ii) the copyright notice in the
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same form as the latest version of the Covered Code distributed by SugarCRM,
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Inc. at the time of distribution of such copy. In addition, the "Powered
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by SugarCRM" logo must be visible to all users and be located at the very
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bottom center of each user interface screen. Notwithstanding the above, the
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dimensions of the "Powered By SugarCRM" logo must be at least 106 x
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23 pixels. When users click on the "Powered by SugarCRM" logo it must
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direct them back to http://www.sugarforge.org. In addition, the copyright
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notice must remain visible to all users at all times at the bottom of the user
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interface screen. When users click on the copyright notice, it must direct them
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back to http://www.sugarcrm.com
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