406 lines
23 KiB
Plaintext
406 lines
23 KiB
Plaintext
The Sugar Public License Version 1.1.2 ("SPL") consists of the Mozilla Public
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License Version 1.1, modified to be specific to SugarCRM, with the Additional
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Terms in Exhibit B. The original Mozilla Public License 1.1 can be found at:
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http://www.mozilla.org/MPL/MPL-1.1.html
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SUGARCRM PUBLIC LICENSE
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Version 1.1.2
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--------------------------------------------------------------------------------
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1. Definitions.
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1.0.1. "Commercial Use" means distribution or otherwise making the Covered
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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 extent
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possible, whether at the time of the initial grant or subsequently acquired,
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any and all of the rights conveyed herein.
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1.9. ''Modifications'' means any addition to or deletion from the substance
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or 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,
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and 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 hereafter
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acquired, including without limitation, method, process, and apparatus claims,
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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 installation
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of an Executable, or source code differential comparisons against either the
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Original Code or another well known, available Covered Code of the Contributor's
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choice. The Source Code can be in a compressed or archival form, provided the
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appropriate decompression or de-archiving software is widely available for no
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charge.
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1.12. "You'' (or "Your") means an individual or a legal entity exercising
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rights under, and complying with all of the terms of, this License or a future
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version of this License issued under Section 6.1. For legal entities, "You''
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includes any entity which controls, is controlled by, or is under common
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control with You. For purposes of this definition, "control'' means (a) the
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power, direct or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (b) ownership of more than fifty percent
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(50%) of the outstanding shares or 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,
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non-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
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the date Initial Developer first distributes Original Code under the terms
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of this 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 Code;
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or 3) for infringements caused by: i) the modification of the Original Code or
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ii) the combination of the Original Code with other software or 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
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(or portions thereof) either on an unmodified basis, with other Modifications,
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as 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 portions
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of such combination).
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
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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:
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1) for any code that Contributor has deleted from the Contributor Version;
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2) separate from the Contributor Version; 3) for infringements caused
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by: i) third party modifications of Contributor Version or ii) the
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combination of Modifications made by that Contributor with other software
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(except as part of the Contributor Version) or other devices; or 4) under
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Patent Claims infringed by Covered Code in the absence of Modifications
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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
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governed by the terms of this License, including without limitation
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Section 2.2. The Source Code version of Covered Code may be distributed
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only under the terms of this License or a future version of this License
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released under Section 6.1, and You must include a copy of this License
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with every copy of the Source Code You distribute. You may not offer or
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impose any terms on any Source Code version that alters or restricts the
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applicable version of this License or the recipients' rights hereunder.
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However, You may include an additional document offering the additional
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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
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the same media as an Executable version or via an accepted Electronic
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Distribution Mechanism to anyone to whom you made an Executable version
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available; and if made available via Electronic Distribution Mechanism,
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must remain available for at least twelve (12) months after the date it
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initially became available, or at least six (6) months after a subsequent
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version of that particular Modification has been made available to such
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recipients. You are responsible for ensuring that the Source Code version
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remains available even if the Electronic Distribution Mechanism is
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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 making
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the claim in sufficient detail that a recipient will know whom to contact. If
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Contributor obtains such knowledge after the Modification is made available as
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described in Section 3.2, Contributor shall promptly modify the LEGAL file in
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all copies Contributor makes available thereafter and shall take other steps
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(such as notifying appropriate mailing lists or newsgroups) reasonably calculated
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to inform those who received the Covered Code that new 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.
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If it is not possible to put such notice in a particular Source Code file
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due to its structure, then You must include such notice in a location (such
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as a relevant directory) where a user would be likely to look for such a
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notice. If You created one or more Modification(s) You may add your name as
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a Contributor to the notice described in Exhibit A. You must also duplicate
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this License in any documentation for the Source Code where You describe
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recipients' rights or ownership rights relating to Covered Code. You may
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choose to offer, and to charge a fee for, warranty, support, indemnity or
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liability obligations to one or more recipients of Covered Code. However, You
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may do so only on Your own behalf, and not on behalf of the Initial Developer
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or any Contributor. You must make it absolutely clear than any such warranty,
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support, indemnity or liability obligation is offered by You alone, and You
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hereby agree to indemnify the Initial Developer and every Contributor for any
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liability incurred by the Initial Developer or such Contributor as a result of
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warranty, support, 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
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of Section 3.1-3.5 have been met for that Covered Code, and if You include
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a 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
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You have fulfilled the obligations of Section 3.2. The notice must be
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conspicuously included in any notice in an Executable version, related
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documentation or collateral in which You describe recipients' rights relating
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to the Covered Code. You may distribute the Executable version of Covered
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Code or ownership rights under a license of Your choice, which may contain
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terms different from this License, provided that You are in compliance with
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the terms of this License and that the license for the Executable version
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does not attempt to limit or alter the recipient's rights in the Source Code
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version from the rights set forth in this License. If You distribute the
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Executable version under a different license You must make it absolutely
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clear that any terms which differ from this License are offered by You alone,
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not by the Initial Developer or any Contributor. 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 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
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must be sufficiently detailed for a recipient of ordinary skill to be able
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to 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 the
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License published by SugarCRM. No one other than SugarCRM has the right to modify
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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, Original
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Code or Contributor in the notice described in Exhibit A shall not of themselves
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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 WARRANTY
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OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
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THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE
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OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
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CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT
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THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
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SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
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PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT
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UNDER THIS DISCLAIMER.
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8. TERMINATION.
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8.1. This License and the rights granted hereunder will terminate automatically if
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You fail to comply with terms herein and fail to cure such breach within 30 days of
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becoming aware of the breach. All sublicenses to the Covered Code which are properly
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granted shall survive any termination of this License. Provisions which, by their
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nature, must remain in effect beyond the termination of this License shall survive.
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8.2. If You initiate litigation by asserting a patent infringement claim (excluding
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declatory judgment actions) against Initial Developer or a Contributor (the Initial
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Developer or Contributor against whom You file such action is referred to as
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"Participant") alleging that:
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(a) such Participant's Contributor Version directly or indirectly infringes any patent,
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then any and all rights granted by such Participant to You under Sections 2.1 and/or
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2.2 of this License shall, upon 60 days notice from Participant terminate prospectively,
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unless if within 60 days after receipt of notice You either: (i) agree in writing to
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pay Participant a mutually agreeable reasonable royalty for Your past and future use
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of Modifications made by such Participant, or (ii) withdraw Your litigation claim
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with respect to the Contributor Version against such Participant. If within 60 days
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of notice, a reasonable royalty and payment arrangement are not mutually agreed upon
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in writing by the parties or the litigation claim is not withdrawn, the rights granted
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by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the
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expiration of the 60 day notice period specified above.
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(b) any software, hardware, or device, other than such Participant's Contributor Version,
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directly or indirectly infringes any patent, then any rights granted to You by such
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Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You
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first made, used, sold, distributed, or had made, Modifications made by that Participant.
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8.3. If You assert a patent infringement claim against Participant alleging that such
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Participant's Contributor Version directly or indirectly infringes any patent where such
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claim is resolved (such as by license or settlement) prior to the initiation of patent
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infringement litigation, then the reasonable value of the licenses granted by such
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Participant under Sections 2.1 or 2.2 shall be taken into account in determining the
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amount or value of any payment or license.
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8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license
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agreements (excluding distributors and resellers) which have been validly granted by You
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or any distributor hereunder prior to termination shall 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 NEGLIGENCE),
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CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
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DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
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PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
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INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
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FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH
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PARTY SHALL 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 FROM SUCH
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PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
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JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
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DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT 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. 2.101
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(Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer
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software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
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Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
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all U.S. Government End Users 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 hereof. If
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any provision of this License is held to be unenforceable, such provision shall be
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reformed only to the extent necessary to make it enforceable. This License shall be
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governed by California law provisions (except to the extent applicable law, if any,
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provides otherwise), excluding its conflict-of-law provisions. With respect to disputes
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in which at least one party is a citizen of, or an entity chartered or registered to do
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business in the United States of America, any litigation relating to this License shall
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be subject to the jurisdiction of the Federal Courts of the Northern District of California,
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with venue lying in Santa Clara County, California, with the losing party responsible for
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costs, including without limitation, court costs and reasonable attorneys' fees and expenses.
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The application of the United Nations Convention on Contracts for the International Sale of
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Goods is expressly excluded. Any law or regulation which provides that the language of a
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contract 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 for claims
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and damages arising, directly or indirectly, out of its utilization of rights under this
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License and You agree to work with Initial Developer and Contributors to distribute such
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responsibility on an equitable basis. Nothing herein is intended or shall be deemed to
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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 <20>Multiple-Licensed<65>.
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<EFBFBD>Multiple-Licensed<65> means that the Initial Developer permits you to utilize portions of
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the Covered Code under Your choice of the SPL or the alternative licenses, if any, specified
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by the Initial Developer in the file described in Exhibit A.
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SugarCRM Public License 1.1.2 - Exhibit A
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The contents of this file are subject to the SugarCRM Public License Version 1.1.2
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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" 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 notices
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in the Source Code files of the Original Code. You should use the text of this
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Exhibit A rather than the text found in the Original Code Source Code for Your
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Modifications.]
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SugarCRM Public License 1.1.2 - 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 - Additional
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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 "SugarCRM" and the "SugarCRM"
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logos even if such marks are included in the Original Code or Modifications. |