Salutation Public License

Salutation Public License

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS SALUTATION PUBLIC LICENSE (THE "AGREEMENT").  ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS.   

"Contribution" means:

(a) in the case of Salutation Consortium ("Salutation"), the original version of the software accompanying this Agreement as released by Salutation, including source code, object code and documentation, if any, and

 

(b) in the case of each Contributor, (i) changes to the Program, and (ii) additions to the Program; where the changes and/or additions to the Program originate from and are distributed by that particular Contributor.  A Contribution 'originates' from a Contributor if it was added to the Program by the Contributor itself or anyone acting on the Contributor's behalf.  Contributions do not include additions to the Program which: (1) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (2) are not derivative works of the Program.

"Contributor" means Salutation and any other entity that distributes the Program.

"Program" means the Contributions made by all contributors.

"You" refers to the individual or legal entity exercising rights under this Agreement. 

2. GRANT OF RIGHTS

(a) Subject to third party intellectual property claims, and the terms of this Agreement, each Contributor hereby grants you:

 

(i) a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contributor's Contribution, if any, and any derivative works, in source code and object code form; and

 

(ii) a non-exclusive, worldwide, royalty-free patent license under patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program to make, use, sell, offer to sell, import and otherwise transfer the Contributor's Contribution, if any, in source code and object code form (but this patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the above patent claims; the patent license shall not apply to any other combinations which include the Contribution).

 

(b) Although each Contributor grants the above licenses to its Contributions, they do not promise that the Program does not infringe the patent or other intellectual property rights of any other entity.  Each Contributor disclaims any liability to you for claims brought by any other entity based on infringement of intellectual property rights or otherwise.  You hereby assume sole responsibility to secure any other intellectual property rights needed, if any.  For example, if a third party patent license is required to allow you to distribute the Program, it is your responsibility to acquire that license before distributing the Program.

3. REQUIREMENTS. 

A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:

(a) the Contributor complies with the terms and conditions of this Agreement; and

 

(b) the Contributor's license agreement:  (i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose; (ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; (iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and (iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.

When the Program is made available in source code form:

(a) it must be made available under this Agreement; and

 

(b) a copy of this Agreement must be included with each copy of the Program.

Each Contributor must include the following in a conspicuous location in the Program:

Copyright © 2000, Salutation Consortium and others. All Rights Reserved.

In addition, each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent recipients to identify the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION. 

Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and others.  While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering must do so in a way which does not create potential liability for other Contributors.  Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering.  In order to qualify, an Indemnified Contributor must: (a) promptly notify the Commercial Contributor in writing of such claim, and (b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations.  The Indemnified Contributor may participate in any such claim at its own expense.

5. NO WARRANTY. 

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  You are solely responsible for determining the appropriateness of using and distributing the Program and assume all risks associated with your exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY. 

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER YOU NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL. 

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

If you institute patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to you under this Agreement shall terminate as of the date such litigation is filed.  In addition, if you institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then your rights granted under Section 2(a)(ii) shall terminate as of the date such litigation is filed.

All of your rights under this Agreement shall terminate if you fail to comply with any of the material terms or conditions of this Agreement and do not cure such failure in a reasonable period of time after becoming aware of such noncompliance.  If your rights under this Agreement terminate, you agree to cease use and distribution of the Program as soon as reasonably practicable.  However, your obligations under this Agreement and any licenses granted by your relating to the Program shall continue and survive.

Salutation may publish new versions (including revisions) of this Agreement from time to time.  Each new version of the Agreement will be given a distinguishing version number.  The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received.  In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version.  No one other than Salutation has the right to modify this Agreement.  Except as expressly stated in Section 2(a) above, you receive no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise.  All rights in the Program not expressly granted under this Agreement are reserved.

The Program 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 the Program with only those rights set forth herein.

You may not use or otherwise export or reexport the Program except as authorized by United States law and the laws of the jurisdiction in which the Program was obtained. In particular, but without limitation, the Program may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Program, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

This Agreement is governed by the laws of the State of Delaware and the intellectual property laws of the United States of America.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose.

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