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|
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<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
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|
||||
<html>
|
||||
<title>LICENSE AGREEMENT</title>
|
||||
<head>
|
||||
<title>Spark License: LGPL</title>
|
||||
</head>
|
||||
|
||||
<body>
|
||||
|
||||
<span style='font-size:10.0pt;font-family:Arial'>
|
||||
<pre>
|
||||
Please see README.html for full licensing terms for Spark.
|
||||
|
||||
<p align=center style='text-align:center'><b>Spark End User License
|
||||
Agreement</b></p>
|
||||
-------------------------------------------------------------
|
||||
|
||||
<p>THIS IS A
|
||||
LEGAL AGREEMENT between "you," the end user of the Spark
|
||||
software and any related plugin software, and CoolServlets, Inc. DBA Jive
|
||||
Software, a Delaware limited liability company ("Jive Software").</p>
|
||||
GNU LESSER GENERAL PUBLIC LICENSE
|
||||
Version 2.1, February 1999
|
||||
|
||||
<p>BY
|
||||
COMPLETING THE ONLINE REGISTRATION FORM AND CLICKING THE "I AGREE" BUTTON, YOU
|
||||
SUBMIT TO JIVE SOFTWARE AN OFFER TO OBTAIN THE RIGHT TO USE THE LICENSED
|
||||
PRODUCTS (DEFINED BELOW) UNDER THE PROVISIONS OF THIS END USER LICENSE
|
||||
AGREEMENT (THE "AGREEMENT"), UNLESS A SEPARATE LICENSE AGREEMENT, WHICH,
|
||||
EXPRESSLY BY ITS TERMS, HAS PRECEDENCE OVER THIS AGREEMENT, HAS BEEN SIGNED BY
|
||||
BOTH PARTIES. </p>
|
||||
Copyright (C) 1991, 1999 Free Software Foundation, Inc.
|
||||
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
|
||||
Everyone is permitted to copy and distribute verbatim copies
|
||||
of this license document, but changing it is not allowed.
|
||||
|
||||
<p class=MsoBodyText style='text-indent:0in'><span style='font-size:10.0pt;
|
||||
font-family:Arial'>BY CLICKING THE "I AGREE" BUTTON, YOU HEREBY AGREE THAT YOU
|
||||
HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THE PERSON AND/OR
|
||||
ENTITIES (COLLECTIVELY,"YOU") WISHING TO USE THE LICENSED PRODUCTS PURSUANT TO
|
||||
THIS AGREEMENT. If YOU DO NOT HAVE THE
|
||||
AUTHORITY TO BIND SUCH PERSON OR ENTITY OR YOU OR SUCH PERSON OR ENTITY do not
|
||||
agree to any of the terms below, JIVE SOFTWARE is unwilling to PROVIDE THE
|
||||
LICENSED PRODUCTS TO THE LICENSEE, and you should click on the "Do Not Accept"
|
||||
button below to discontinue the REGISTRATION process. </p>
|
||||
[This is the first released version of the Lesser GPL. It also counts
|
||||
as the successor of the GNU Library Public License, version 2, hence
|
||||
the version number 2.1.]
|
||||
|
||||
<p>As used in
|
||||
this Agreement, the capitalized term "Licensed Products" means,
|
||||
collectively, (a) the freeware version of the Spark instant
|
||||
messaging software("Spark"), (b) the related plugin software for
|
||||
which no fee is charged, as set forth in the registration form ("Free
|
||||
Plugins"), (c) the related plugin software for which a fee is charged, as set
|
||||
forth in the registration form ("Commercial Plugins") and (d) any and all
|
||||
enhancements, upgrades, and updates that may be provided to you in the future
|
||||
by Jive Licensed Products from time to time and in its sole discretion
|
||||
("Upgrades"). </p>
|
||||
Preamble
|
||||
|
||||
<p>Section B
|
||||
applies solely with respect to Spark and any Free Plugins. Section
|
||||
C applies solely with respect to Commercial Plugins to Spark. The
|
||||
remainder of this Agreement applies to all Licensed Products.</p>
|
||||
The licenses for most software are designed to take away your
|
||||
freedom to share and change it. By contrast, the GNU General Public
|
||||
Licenses are intended to guarantee your freedom to share and change
|
||||
free software--to make sure the software is free for all its users.
|
||||
|
||||
<p><b>A.   Ownership</b></p>
|
||||
This license, the Lesser General Public License, applies to some
|
||||
specially designated software packages--typically libraries--of the
|
||||
Free Software Foundation and other authors who decide to use it. You
|
||||
can use it too, but we suggest you first think carefully about whether
|
||||
this license or the ordinary General Public License is the better
|
||||
strategy to use in any particular case, based on the explanations below.
|
||||
|
||||
<p>The
|
||||
Licensed Products and any accompanying documentation are owned by Jive Software
|
||||
and ownership of the Licensed Products and such documentation shall at all
|
||||
times remain with Jive Software. Copies are provided to you only to allow
|
||||
you to exercise your rights under this Agreement. This Agreement does not
|
||||
constitute a sale of the Licensed Products or any accompanying documentation,
|
||||
or any portion thereof. Without limiting the generality of the foregoing,
|
||||
you do not receive any rights to any patents, copyrights, trade secrets,
|
||||
trademarks or other intellectual property rights relating to or in the Licensed
|
||||
Products or any accompanying documentation other than as expressly set forth in
|
||||
the license grants in this Agreement. All rights not expressly granted to
|
||||
you under this Agreement are reserved by Jive Licensed Products.</p>
|
||||
When we speak of free software, we are referring to freedom of use,
|
||||
not price. Our General Public Licenses are designed to make sure that
|
||||
you have the freedom to distribute copies of free software (and charge
|
||||
for this service if you wish); that you receive source code or can get
|
||||
it if you want it; that you can change the software and use pieces of
|
||||
it in new free programs; and that you are informed that you can do
|
||||
these things.
|
||||
|
||||
<p><b>B.   Grant of License Applicable To Spark and any Freeware Plugins</b></p>
|
||||
To protect your rights, we need to make restrictions that forbid
|
||||
distributors to deny you these rights or to ask you to surrender these
|
||||
rights. These restrictions translate to certain responsibilities for
|
||||
you if you distribute copies of the library or if you modify it.
|
||||
|
||||
<p>Subject to
|
||||
the terms and conditions set out in this Agreement, Jive Software grants you a
|
||||
limited, nonexclusive, nontransferable, nonsublicensable, and revocable right
|
||||
to use the Spark and any Free Plugins, together the "Free Licensed
|
||||
Products," solely in accordance with the following terms and conditions:</p>
|
||||
For example, if you distribute copies of the library, whether gratis
|
||||
or for a fee, you must give the recipients all the rights that we gave
|
||||
you. You must make sure that they, too, receive or can get the source
|
||||
code. If you link other code with the library, you must provide
|
||||
complete object files to the recipients, so that they can relink them
|
||||
with the library after making changes to the library and recompiling
|
||||
it. And you must show them these terms so they know their rights.
|
||||
|
||||
<p style='text-indent:.5in'><span style='font-size:10.0pt;
|
||||
font-family:Arial'>1. Use of the Free Licensed
|
||||
Products. The Free Licensed Products is being distributed as
|
||||
freeware. This means it may be freely used, copied and distributed as
|
||||
long as it is not sold or distributed for any consideration and all original
|
||||
files are included, including this Agreement and Jive Software's copyright
|
||||
notice. You may use the Free Licensed Products on as many computers as
|
||||
you require.</p>
|
||||
We protect your rights with a two-step method: (1) we copyright the
|
||||
library, and (2) we offer you this license, which gives you legal
|
||||
permission to copy, distribute and/or modify the library.
|
||||
|
||||
<p style='text-indent:.5in'><span style='font-size:10.0pt;
|
||||
font-family:Arial'>2. Distribution
|
||||
Permitted. You may make copies of your copy of the Free Licensed Products
|
||||
to give to others provided that such copies are not modified from the original
|
||||
downloaded copy of the Free Licensed Products. You may not charge a fee
|
||||
for distributing copies of the Free Licensed Products except that freeware
|
||||
distribution companies may charge their normal shipping and handling fees not
|
||||
to exceed $5.00 U.S. per copy. If any copies of the Free Licensed Products
|
||||
are distributed, Jive Licensed Products requires that you send Jive Licensed
|
||||
Products an e-mail addressed to <a href="mailto:info@jivesoftware.com">info@jivesoftware.com</a>
|
||||
notifying Jive Licensed Products of such distribution and the identity of the
|
||||
person or entity receiving the copy of the Free Licensed Products including a
|
||||
listing of which products such person received.</p>
|
||||
To protect each distributor, we want to make it very clear that
|
||||
there is no warranty for the free library. Also, if the library is
|
||||
modified by someone else and passed on, the recipients should know
|
||||
that what they have is not the original version, so that the original
|
||||
author's reputation will not be affected by problems that might be
|
||||
introduced by others.
|
||||
|
||||
Finally, software patents pose a constant threat to the existence of
|
||||
any free program. We wish to make sure that a company cannot
|
||||
effectively restrict the users of a free program by obtaining a
|
||||
restrictive license from a patent holder. Therefore, we insist that
|
||||
any patent license obtained for a version of the library must be
|
||||
consistent with the full freedom of use specified in this license.
|
||||
|
||||
<p style='text-indent:.5in'><span style='font-size:10.0pt;
|
||||
font-family:Arial'>3. Termination. Jive
|
||||
Software may terminate your license in the Free Licensed Products at any time,
|
||||
for any reason or no reason. </p>
|
||||
Most GNU software, including some libraries, is covered by the
|
||||
ordinary GNU General Public License. This license, the GNU Lesser
|
||||
General Public License, applies to certain designated libraries, and
|
||||
is quite different from the ordinary General Public License. We use
|
||||
this license for certain libraries in order to permit linking those
|
||||
libraries into non-free programs.
|
||||
|
||||
<p style='text-indent:.5in'><span style='font-size:10.0pt;
|
||||
font-family:Arial'>4. Fees. There is no
|
||||
license fee for the Free Licensed Products. If you wish to receive the
|
||||
Commercial Plugins (defined below) for Spark, you will be required
|
||||
to pay the applicable license fee.</p>
|
||||
When a program is linked with a library, whether statically or using
|
||||
a shared library, the combination of the two is legally speaking a
|
||||
combined work, a derivative of the original library. The ordinary
|
||||
General Public License therefore permits such linking only if the
|
||||
entire combination fits its criteria of freedom. The Lesser General
|
||||
Public License permits more lax criteria for linking other code with
|
||||
the library.
|
||||
|
||||
<p><b>C.   Grant of License Applicable To any Commercial Plugins for Spark</b></p>
|
||||
We call this license the "Lesser" General Public License because it
|
||||
does Less to protect the user's freedom than the ordinary General
|
||||
Public License. It also provides other free software developers Less
|
||||
of an advantage over competing non-free programs. These disadvantages
|
||||
are the reason we use the ordinary General Public License for many
|
||||
libraries. However, the Lesser license provides advantages in certain
|
||||
special circumstances.
|
||||
|
||||
<p>Subject to
|
||||
the terms and conditions set out in this Agreement, Jive Software grants you a
|
||||
limited, nonexclusive, nontransferable, nonsublicensable and revocable right to
|
||||
use the Commercial Plugins solely in accordance with the following terms and
|
||||
conditions:</p>
|
||||
For example, on rare occasions, there may be a special need to
|
||||
encourage the widest possible use of a certain library, so that it becomes
|
||||
a de-facto standard. To achieve this, non-free programs must be
|
||||
allowed to use the library. A more frequent case is that a free
|
||||
library does the same job as widely used non-free libraries. In this
|
||||
case, there is little to gain by limiting the free library to free
|
||||
software only, so we use the Lesser General Public License.
|
||||
|
||||
<p style='text-indent:.5in'>1. Use of Commercial
|
||||
Plugins. You may download and internally use the Commercial Plugins on
|
||||
multiple computers owned, leased or rented by you; however, you are only
|
||||
allowed to run the Commercial Plugins on (a) your own computer, or (b) on as
|
||||
many computers as you have purchased seat licenses ("Seat Licenses"), as listed
|
||||
on the product invoice ("Invoice") made available to you via the world wide web
|
||||
after you have submitted a purchase order for such Commercial Plugins, or on
|
||||
the receipt ("Receipt") made available to you via the world wide web after you
|
||||
have submitted an online order for such Commercial Plugins. All copies of
|
||||
Spark and its Commercial Plugins must include Jive Licensed
|
||||
Product's copyright notice.</p>
|
||||
In other cases, permission to use a particular library in non-free
|
||||
programs enables a greater number of people to use a large body of
|
||||
free software. For example, permission to use the GNU C Library in
|
||||
non-free programs enables many more people to use the whole GNU
|
||||
operating system, as well as its variant, the GNU/Linux operating
|
||||
system.
|
||||
|
||||
<p style='text-indent:.5in'>2. Distribution
|
||||
Prohibited. You may not distribute copies of the Commercial Plugins for
|
||||
use by any individual other than to those computers for which you have
|
||||
purchased the Commercial Plugins Seat Licenses. Distribution to or
|
||||
allowing any third party access or use of the Commercial Plugins by you,
|
||||
whether by means of a service bureau, lease or otherwise, is hereby expressly prohibited.</p>
|
||||
Although the Lesser General Public License is Less protective of the
|
||||
users' freedom, it does ensure that the user of a program that is
|
||||
linked with the Library has the freedom and the wherewithal to run
|
||||
that program using a modified version of the Library.
|
||||
|
||||
<p style='text-indent:.5in'>3. Fees. You shall pay
|
||||
to Jive Software all "Fees" consisting of "License Fees" for the Licensed
|
||||
Products and related Maintenance and Support Fees ("Maintenance and Support
|
||||
Fees"). Maintenance and Support Fees are good for one (1) year for application
|
||||
for which Maintenance and Support Services Fee has been paid as of the date of
|
||||
the invoice or online purchase and/or any anniversaries of such date, and then
|
||||
annual payment of Maintenance and Support Services Fee required for renewal
|
||||
thereafter, unless Licensee has paid in advance for future years. All such
|
||||
Fees shall be as listed on the Invoice and/or Receipt. </p>
|
||||
The precise terms and conditions for copying, distribution and
|
||||
modification follow. Pay close attention to the difference between a
|
||||
"work based on the library" and a "work that uses the library". The
|
||||
former contains code derived from the library, whereas the latter must
|
||||
be combined with the library in order to run.
|
||||
|
||||
GNU LESSER GENERAL PUBLIC LICENSE
|
||||
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
|
||||
|
||||
<p style='text-indent:.5in'>4. Maintenance and
|
||||
Support. Jive Licensed Products will provide you with support services
|
||||
("Support Services") for a period that begins on the purchase date and ends 365
|
||||
days later, unless you elect to continue paying the Maintenance and Support
|
||||
Fees. The nature, scope and extent of Support Services shall be as set
|
||||
forth on Jive Software's website at <a
|
||||
href="http://www.jivesoftware.com/support/overview.jsp">http://www.jivesoftware.com/support/overview.jsp</a>.
|
||||
Support terms are subject to change in Jive Software's sole discretion. Jive
|
||||
Software will also provide you with Upgrades for a period that begins on the
|
||||
purchase date and ends 365 days later, unless you elect to continue paying the
|
||||
Maintenance and Support Fees. Such Upgrades will include any Upgrades for
|
||||
Spark and the Commercial Plugins that are released by Jive Licensed
|
||||
Products for general distribution during the one year period for which you are
|
||||
entitled to receive free Upgrades. Jive Licensed Products has no
|
||||
obligation to provide you with any Upgrades that are not released for general
|
||||
distribution to Jive Licensed Products's other licensees. Nothing in this
|
||||
Agreement shall be construed to obligate Jive Licensed Products to provide
|
||||
Upgrades to you under any circumstances.</p>
|
||||
0. This License Agreement applies to any software library or other
|
||||
program which contains a notice placed by the copyright holder or
|
||||
other authorized party saying it may be distributed under the terms of
|
||||
this Lesser General Public License (also called "this License").
|
||||
Each licensee is addressed as "you".
|
||||
|
||||
<p><b>D.   Prohibited Conduct</b></p>
|
||||
A "library" means a collection of software functions and/or data
|
||||
prepared so as to be conveniently linked with application programs
|
||||
(which use some of those functions and data) to form executables.
|
||||
|
||||
<p>You
|
||||
represent and warrant that you will not violate any of the terms and conditions
|
||||
set forth in this Agreement and that:</p>
|
||||
The "Library", below, refers to any such software library or work
|
||||
which has been distributed under these terms. A "work based on the
|
||||
Library" means either the Library or any derivative work under
|
||||
copyright law: that is to say, a work containing the Library or a
|
||||
portion of it, either verbatim or with modifications and/or translated
|
||||
straightforwardly into another language. (Hereinafter, translation is
|
||||
included without limitation in the term "modification".)
|
||||
|
||||
<p>You will
|
||||
not, and will not permit others to: (i) reverse engineer, decompile,
|
||||
disassemble, derive the source code of, modify, or create derivative works from
|
||||
the Licensed Products; or (ii) use, copy, modify, alter, or transfer,
|
||||
electronically or otherwise, the Licensed Products or any of the accompanying
|
||||
documentation except as expressly permitted in this Agreement; or (iii)
|
||||
redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to
|
||||
the Licensed Products whether in a stand-alone configuration or as incorporated
|
||||
with other software code written by any party except as expressly permitted in
|
||||
this Agreement.</p>
|
||||
"Source code" for a work means the preferred form of the work for
|
||||
making modifications to it. For a library, complete source code means
|
||||
all the source code for all modules it contains, plus any associated
|
||||
interface definition files, plus the scripts used to control compilation
|
||||
and installation of the library.
|
||||
|
||||
<p>You will
|
||||
not use the Licensed Products to engage in or allow others to engage in any
|
||||
illegal activity.</p>
|
||||
Activities other than copying, distribution and modification are not
|
||||
covered by this License; they are outside its scope. The act of
|
||||
running a program using the Library is not restricted, and output from
|
||||
such a program is covered only if its contents constitute a work based
|
||||
on the Library (independent of the use of the Library in a tool for
|
||||
writing it). Whether that is true depends on what the Library does
|
||||
and what the program that uses the Library does.
|
||||
|
||||
<p>You will
|
||||
not engage in use of the Licensed Products that will interfere with or damage
|
||||
the operation of the services of third parties by overburdening/disabling
|
||||
network resources through automated queries, excessive usage or similar
|
||||
conduct.</p>
|
||||
1. You may copy and distribute verbatim copies of the Library's
|
||||
complete source code as you receive it, in any medium, provided that
|
||||
you conspicuously and appropriately publish on each copy an
|
||||
appropriate copyright notice and disclaimer of warranty; keep intact
|
||||
all the notices that refer to this License and to the absence of any
|
||||
warranty; and distribute a copy of this License along with the
|
||||
Library.
|
||||
|
||||
<p>You will
|
||||
not use the Licensed Products to engage in any activity that will violate the
|
||||
rights of third parties, including, without limitation, through the use, public
|
||||
display, public performance, reproduction, distribution, or modification of
|
||||
communications or materials that infringe copyrights, trademarks, publicity
|
||||
rights, privacy rights, other proprietary rights, or rights against defamation
|
||||
of third parties.</p>
|
||||
You may charge a fee for the physical act of transferring a copy,
|
||||
and you may at your option offer warranty protection in exchange for a
|
||||
fee.
|
||||
|
||||
2. You may modify your copy or copies of the Library or any portion
|
||||
of it, thus forming a work based on the Library, and copy and
|
||||
distribute such modifications or work under the terms of Section 1
|
||||
above, provided that you also meet all of these conditions:
|
||||
|
||||
<p>You will
|
||||
not transfer the Licensed Products or utilize the Licensed Products in
|
||||
combination with third party software authored by you or others to create an
|
||||
integrated software program which you transfer to unrelated third parties.</p>
|
||||
a) The modified work must itself be a software library.
|
||||
|
||||
<p><b>E.   Upgrades, Updates And Enhancements</b></p>
|
||||
b) You must cause the files modified to carry prominent notices
|
||||
stating that you changed the files and the date of any change.
|
||||
|
||||
<p>All
|
||||
Upgrades shall be deemed to be part of the Licensed Products and will be
|
||||
subject to this Agreement.</p>
|
||||
c) You must cause the whole of the work to be licensed at no
|
||||
charge to all third parties under the terms of this License.
|
||||
|
||||
<p><b>F.   Disclaimer of Warranty</b></p>
|
||||
d) If a facility in the modified Library refers to a function or a
|
||||
table of data to be supplied by an application program that uses
|
||||
the facility, other than as an argument passed when the facility
|
||||
is invoked, then you must make a good faith effort to ensure that,
|
||||
in the event an application does not supply such function or
|
||||
table, the facility still operates, and performs whatever part of
|
||||
its purpose remains meaningful.
|
||||
|
||||
<p>THE
|
||||
LICENSED PRODUCTS ARE PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND,
|
||||
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES THAT IT IS
|
||||
FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS,
|
||||
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, WITH CLEAR TITLE OR
|
||||
NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
|
||||
OF THIS LICENSE AND AGREEMENT. NO USE OF THE LICENSED PRODUCTS ARE
|
||||
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. JIVE SOFTWARE DOES NOT
|
||||
GUARANTEE THAT ANY OF THE LICENSED PRODUCTS SHALL MEET YOUR SPECIFIC NEEDS. </p>
|
||||
(For example, a function in a library to compute square roots has
|
||||
a purpose that is entirely well-defined independent of the
|
||||
application. Therefore, Subsection 2d requires that any
|
||||
application-supplied function or table used by this function must
|
||||
be optional: if the application does not supply it, the square
|
||||
root function must still compute square roots.)
|
||||
|
||||
<p><b>G.   Limitation of Liability</b></p>
|
||||
These requirements apply to the modified work as a whole. If
|
||||
identifiable sections of that work are not derived from the Library,
|
||||
and can be reasonably considered independent and separate works in
|
||||
themselves, then this License, and its terms, do not apply to those
|
||||
sections when you distribute them as separate works. But when you
|
||||
distribute the same sections as part of a whole which is a work based
|
||||
on the Library, the distribution of the whole must be on the terms of
|
||||
this License, whose permissions for other licensees extend to the
|
||||
entire whole, and thus to each and every part regardless of who wrote
|
||||
it.
|
||||
|
||||
<p>TO THE
|
||||
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JIVE SOFTWARE BE
|
||||
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
|
||||
OUT OF THE USE OF OR INABILITY TO USE THE LICENSED PRODUCTS, INCLUDING, WITHOUT
|
||||
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
|
||||
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
|
||||
IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE
|
||||
THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN
|
||||
ANY CASE, JIVE SOFTWARE'S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS
|
||||
LICENSE SHALL NOT EXCEED IN THE AGGREGATE (1) WITH RESPECT TO
|
||||
COMMERCIAL PLUGINS, THE SUM OF THE FEES YOU PAID FOR THE LICENSE TO SUCH
|
||||
COMMERCIAL PLUGINS AND (2) WITH RESPECT TO FREE LICENSED PRODUCTS, $100.</p>
|
||||
Thus, it is not the intent of this section to claim rights or contest
|
||||
your rights to work written entirely by you; rather, the intent is to
|
||||
exercise the right to control the distribution of derivative or
|
||||
collective works based on the Library.
|
||||
|
||||
<p><b>H.   Export Control</b></p>
|
||||
In addition, mere aggregation of another work not based on the Library
|
||||
with the Library (or with a work based on the Library) on a volume of
|
||||
a storage or distribution medium does not bring the other work under
|
||||
the scope of this License.
|
||||
|
||||
<p>The
|
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Licensed Products may contain encryption and is subject to United States export control laws and regulations and may be subject to export or import regulations
|
||||
in other countries, including controls on encryption products. You agree
|
||||
that you will not export, re-export or transfer the Licensed Products in
|
||||
violation of any applicable laws or regulations of the United States or the country where you legally obtained it. You are responsible for obtaining
|
||||
any licenses to export, re-export, transfer or import the Licensed Products. </p>
|
||||
3. You may opt to apply the terms of the ordinary GNU General Public
|
||||
License instead of this License to a given copy of the Library. To do
|
||||
this, you must alter all the notices that refer to this License, so
|
||||
that they refer to the ordinary GNU General Public License, version 2,
|
||||
instead of to this License. (If a newer version than version 2 of the
|
||||
ordinary GNU General Public License has appeared, then you can specify
|
||||
that version instead if you wish.) Do not make any other change in
|
||||
these notices.
|
||||
|
||||
Once this change is made in a given copy, it is irreversible for
|
||||
that copy, so the ordinary GNU General Public License applies to all
|
||||
subsequent copies and derivative works made from that copy.
|
||||
|
||||
<p>In addition
|
||||
to the above, the Licensed Products may not be used by, or exported or
|
||||
re-exported to: (i) any U.S. or EU sanctioned or embargoed country, or to
|
||||
nationals or residents of such countries; or (ii) to any person, entity or
|
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organization or other party identified on the U.S. Department of Commerce.s
|
||||
Table of Denial Orders or the U.S. Department of Treasury.s lists of .Specially
|
||||
Designated Nationals and Blocked Persons,. as published and revised from time
|
||||
to time; (iii) to any party engaged in nuclear, chemical/biological weapons or
|
||||
missile proliferation activities, unless authorized by U.S. and local (as
|
||||
required) law or regulations.</p>
|
||||
This option is useful when you wish to copy part of the code of
|
||||
the Library into a program that is not a library.
|
||||
|
||||
<p><b>I.   Legends and Notices</b></p>
|
||||
4. You may copy and distribute the Library (or a portion or
|
||||
derivative of it, under Section 2) in object code or executable form
|
||||
under the terms of Sections 1 and 2 above provided that you accompany
|
||||
it with the complete corresponding machine-readable source code, which
|
||||
must be distributed under the terms of Sections 1 and 2 above on a
|
||||
medium customarily used for software interchange.
|
||||
|
||||
<p>You agree
|
||||
that you will not remove or alter any trademark, logo, copyright or other
|
||||
proprietary notices, legends, symbols or labels in the Licensed Products or any
|
||||
accompanying documentation.</p>
|
||||
If distribution of object code is made by offering access to copy
|
||||
from a designated place, then offering equivalent access to copy the
|
||||
source code from the same place satisfies the requirement to
|
||||
distribute the source code, even though third parties are not
|
||||
compelled to copy the source along with the object code.
|
||||
|
||||
<p><b>J.   Term and Termination</b></p>
|
||||
5. A program that contains no derivative of any portion of the
|
||||
Library, but is designed to work with the Library by being compiled or
|
||||
linked with it, is called a "work that uses the Library". Such a
|
||||
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|
||||
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|
||||
|
||||
<p>This
|
||||
Agreement is effective upon your acceptance as provided herein and payment of
|
||||
the applicable Fees (if any), and will remain in force until terminated.
|
||||
You may terminate the licenses granted in this Agreement at any time by
|
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destroying the Licensed Products and any accompanying documentation, together
|
||||
with any and all copies thereof. The licenses granted in this Agreement
|
||||
will terminate automatically if you breach any of its terms or conditions or
|
||||
any of the terms or conditions of any other agreement between you and Jive
|
||||
Licensed Products. Upon termination, you shall immediately destroy the
|
||||
original and all copies of the Licensed Products and any accompanying
|
||||
documentation, or return them to Jive Licensed Products and you shall retain no
|
||||
further rights in or to the Licensed Products.</p>
|
||||
However, linking a "work that uses the Library" with the Library
|
||||
creates an executable that is a derivative of the Library (because it
|
||||
contains portions of the Library), rather than a "work that uses the
|
||||
library". The executable is therefore covered by this License.
|
||||
Section 6 states terms for distribution of such executables.
|
||||
|
||||
<p><b>K.   Licensed Products Suggestions</b></p>
|
||||
When a "work that uses the Library" uses material from a header file
|
||||
that is part of the Library, the object code for the work may be a
|
||||
derivative work of the Library even though the source code is not.
|
||||
Whether this is true is especially significant if the work can be
|
||||
linked without the Library, or if the work is itself a library. The
|
||||
threshold for this to be true is not precisely defined by law.
|
||||
|
||||
<p>Jive
|
||||
Software welcomes suggestions for enhancing the Licensed Products and any
|
||||
accompanying documentation that may result in computer programs, reports,
|
||||
presentations, documents, ideas or inventions relating or useful to Jive
|
||||
Software's business. You acknowledge that all title, ownership rights, and
|
||||
intellectual property rights concerning such suggestions shall become the
|
||||
exclusive property of Jive Software and may be used for its business purposes
|
||||
in its sole discretion without any payment or accounting to you and you hereby
|
||||
assign all such rights to Jive Software irrevocably.</p>
|
||||
If such an object file uses only numerical parameters, data
|
||||
structure layouts and accessors, and small macros and small inline
|
||||
functions (ten lines or less in length), then the use of the object
|
||||
file is unrestricted, regardless of whether it is legally a derivative
|
||||
work. (Executables containing this object code plus portions of the
|
||||
Library will still fall under Section 6.)
|
||||
|
||||
<p><b>Miscellaneous</b></p>
|
||||
Otherwise, if the work is a derivative of the Library, you may
|
||||
distribute the object code for the work under the terms of Section 6.
|
||||
Any executables containing that work also fall under Section 6,
|
||||
whether or not they are linked directly with the Library itself.
|
||||
|
||||
6. As an exception to the Sections above, you may also combine or
|
||||
link a "work that uses the Library" with the Library to produce a
|
||||
work containing portions of the Library, and distribute that work
|
||||
under terms of your choice, provided that the terms permit
|
||||
modification of the work for the customer's own use and reverse
|
||||
engineering for debugging such modifications.
|
||||
|
||||
You must give prominent notice with each copy of the work that the
|
||||
Library is used in it and that the Library and its use are covered by
|
||||
this License. You must supply a copy of this License. If the work
|
||||
during execution displays copyright notices, you must include the
|
||||
copyright notice for the Library among them, as well as a reference
|
||||
directing the user to the copy of this License. Also, you must do one
|
||||
of these things:
|
||||
|
||||
a) Accompany the work with the complete corresponding
|
||||
machine-readable source code for the Library including whatever
|
||||
changes were used in the work (which must be distributed under
|
||||
Sections 1 and 2 above); and, if the work is an executable linked
|
||||
with the Library, with the complete machine-readable "work that
|
||||
uses the Library", as object code and/or source code, so that the
|
||||
user can modify the Library and then relink to produce a modified
|
||||
executable containing the modified Library. (It is understood
|
||||
that the user who changes the contents of definitions files in the
|
||||
Library will not necessarily be able to recompile the application
|
||||
to use the modified definitions.)
|
||||
|
||||
b) Use a suitable shared library mechanism for linking with the
|
||||
Library. A suitable mechanism is one that (1) uses at run time a
|
||||
copy of the library already present on the user's computer system,
|
||||
rather than copying library functions into the executable, and (2)
|
||||
will operate properly with a modified version of the library, if
|
||||
the user installs one, as long as the modified version is
|
||||
interface-compatible with the version that the work was made with.
|
||||
|
||||
c) Accompany the work with a written offer, valid for at
|
||||
least three years, to give the same user the materials
|
||||
specified in Subsection 6a, above, for a charge no more
|
||||
than the cost of performing this distribution.
|
||||
|
||||
d) If distribution of the work is made by offering access to copy
|
||||
from a designated place, offer equivalent access to copy the above
|
||||
specified materials from the same place.
|
||||
|
||||
e) Verify that the user has already received a copy of these
|
||||
materials or that you have already sent this user a copy.
|
||||
|
||||
For an executable, the required form of the "work that uses the
|
||||
Library" must include any data and utility programs needed for
|
||||
reproducing the executable from it. However, as a special exception,
|
||||
the materials to be distributed need not include anything that is
|
||||
normally distributed (in either source or binary form) with the major
|
||||
components (compiler, kernel, and so on) of the operating system on
|
||||
which the executable runs, unless that component itself accompanies
|
||||
the executable.
|
||||
|
||||
It may happen that this requirement contradicts the license
|
||||
restrictions of other proprietary libraries that do not normally
|
||||
accompany the operating system. Such a contradiction means you cannot
|
||||
use both them and the Library together in an executable that you
|
||||
distribute.
|
||||
|
||||
7. You may place library facilities that are a work based on the
|
||||
Library side-by-side in a single library together with other library
|
||||
facilities not covered by this License, and distribute such a combined
|
||||
library, provided that the separate distribution of the work based on
|
||||
the Library and of the other library facilities is otherwise
|
||||
permitted, and provided that you do these two things:
|
||||
|
||||
a) Accompany the combined library with a copy of the same work
|
||||
based on the Library, uncombined with any other library
|
||||
facilities. This must be distributed under the terms of the
|
||||
Sections above.
|
||||
|
||||
b) Give prominent notice with the combined library of the fact
|
||||
that part of it is a work based on the Library, and explaining
|
||||
where to find the accompanying uncombined form of the same work.
|
||||
|
||||
8. You may not copy, modify, sublicense, link with, or distribute
|
||||
the Library except as expressly provided under this License. Any
|
||||
attempt otherwise to copy, modify, sublicense, link with, or
|
||||
distribute the Library is void, and will automatically terminate your
|
||||
rights under this License. However, parties who have received copies,
|
||||
or rights, from you under this License will not have their licenses
|
||||
terminated so long as such parties remain in full compliance.
|
||||
|
||||
9. You are not required to accept this License, since you have not
|
||||
signed it. However, nothing else grants you permission to modify or
|
||||
distribute the Library or its derivative works. These actions are
|
||||
prohibited by law if you do not accept this License. Therefore, by
|
||||
modifying or distributing the Library (or any work based on the
|
||||
Library), you indicate your acceptance of this License to do so, and
|
||||
all its terms and conditions for copying, distributing or modifying
|
||||
the Library or works based on it.
|
||||
|
||||
10. Each time you redistribute the Library (or any work based on the
|
||||
Library), the recipient automatically receives a license from the
|
||||
original licensor to copy, distribute, link with or modify the Library
|
||||
subject to these terms and conditions. You may not impose any further
|
||||
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|
||||
You are not responsible for enforcing compliance by third parties with
|
||||
this License.
|
||||
|
||||
11. If, as a consequence of a court judgment or allegation of patent
|
||||
infringement or for any other reason (not limited to patent issues),
|
||||
conditions are imposed on you (whether by court order, agreement or
|
||||
otherwise) that contradict the conditions of this License, they do not
|
||||
excuse you from the conditions of this License. If you cannot
|
||||
distribute so as to satisfy simultaneously your obligations under this
|
||||
License and any other pertinent obligations, then as a consequence you
|
||||
may not distribute the Library at all. For example, if a patent
|
||||
license would not permit royalty-free redistribution of the Library by
|
||||
all those who receive copies directly or indirectly through you, then
|
||||
the only way you could satisfy both it and this License would be to
|
||||
refrain entirely from distribution of the Library.
|
||||
|
||||
If any portion of this section is held invalid or unenforceable under any
|
||||
particular circumstance, the balance of the section is intended to apply,
|
||||
and the section as a whole is intended to apply in other circumstances.
|
||||
|
||||
It is not the purpose of this section to induce you to infringe any
|
||||
patents or other property right claims or to contest validity of any
|
||||
such claims; this section has the sole purpose of protecting the
|
||||
integrity of the free software distribution system which is
|
||||
implemented by public license practices. Many people have made
|
||||
generous contributions to the wide range of software distributed
|
||||
through that system in reliance on consistent application of that
|
||||
system; it is up to the author/donor to decide if he or she is willing
|
||||
to distribute software through any other system and a licensee cannot
|
||||
impose that choice.
|
||||
|
||||
This section is intended to make thoroughly clear what is believed to
|
||||
be a consequence of the rest of this License.
|
||||
|
||||
12. If the distribution and/or use of the Library is restricted in
|
||||
certain countries either by patents or by copyrighted interfaces, the
|
||||
original copyright holder who places the Library under this License may add
|
||||
an explicit geographical distribution limitation excluding those countries,
|
||||
so that distribution is permitted only in or among countries not thus
|
||||
excluded. In such case, this License incorporates the limitation as if
|
||||
written in the body of this License.
|
||||
|
||||
13. The Free Software Foundation may publish revised and/or new
|
||||
versions of the Lesser General Public License from time to time.
|
||||
Such new versions will be similar in spirit to the present version,
|
||||
but may differ in detail to address new problems or concerns.
|
||||
|
||||
Each version is given a distinguishing version number. If the Library
|
||||
specifies a version number of this License which applies to it and
|
||||
"any later version", you have the option of following the terms and
|
||||
conditions either of that version or of any later version published by
|
||||
the Free Software Foundation. If the Library does not specify a
|
||||
license version number, you may choose any version ever published by
|
||||
the Free Software Foundation.
|
||||
|
||||
14. If you wish to incorporate parts of the Library into other free
|
||||
programs whose distribution conditions are incompatible with these,
|
||||
write to the author to ask for permission. For software which is
|
||||
copyrighted by the Free Software Foundation, write to the Free
|
||||
Software Foundation; we sometimes make exceptions for this. Our
|
||||
decision will be guided by the two goals of preserving the free status
|
||||
of all derivatives of our free software and of promoting the sharing
|
||||
and reuse of software generally.
|
||||
|
||||
NO WARRANTY
|
||||
|
||||
15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO
|
||||
WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
|
||||
EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR
|
||||
OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY
|
||||
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
|
||||
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
|
||||
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
|
||||
LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME
|
||||
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
|
||||
|
||||
16. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
|
||||
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
|
||||
AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU
|
||||
FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
|
||||
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
|
||||
LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
|
||||
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
|
||||
FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF
|
||||
SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
|
||||
DAMAGES.
|
||||
|
||||
<p>This
|
||||
Agreement constitutes the entire agreement between the parties concerning the
|
||||
Licensed Products, and may be amended only by a writing signed by both parties
|
||||
that expressly references this Agreement. This Agreement shall be
|
||||
governed by the laws of the State of Oregon, excluding its conflict of law
|
||||
provisions. All disputes relating to this Agreement are subject to the
|
||||
exclusive jurisdiction of the courts of Multnomah County, Oregon and you
|
||||
expressly consent to the exercise of personal jurisdiction in the courts of Multnomah County, Oregon in connection with any such dispute. This Agreement shall
|
||||
not be governed by the United Nations Convention on Contracts for the
|
||||
International Sale of Goods. If any provision in this Agreement should be
|
||||
held illegal or unenforceable by a court of competent jurisdiction, such
|
||||
provision shall be modified to the extent necessary to render it enforceable
|
||||
without losing its intent, or severed from this Agreement if no such modification
|
||||
is possible, and other provisions of this Agreement shall remain in full force
|
||||
and effect. A waiver by either party of any term or condition of this
|
||||
Agreement or any breach thereof, in any one instance, shall not waive such term
|
||||
or condition or any subsequent breach thereof. You will indemnify Jive Software
|
||||
for any breach of the terms or conditions of this Agreement. </p>
|
||||
|
||||
</span>
|
||||
</body>
|
||||
</html>
|
||||
@ -166,10 +166,10 @@ hr {
|
||||
<table boder=0>
|
||||
<tr>
|
||||
<td align="right">version:</td>
|
||||
<td><b>@version@</b></td>
|
||||
<td><b>2.0.0</b></td>
|
||||
</tr><tr>
|
||||
<td align="right">released:</td>
|
||||
<td><b>@builddate@</b></td>
|
||||
<td><b>Sept. 7, 2006</b></td>
|
||||
</tr>
|
||||
</table>
|
||||
|
||||
@ -198,7 +198,7 @@ support (email and phone) from Jive Software is
|
||||
|
||||
<h2>License Agreements</h2>
|
||||
|
||||
The Spark source code is governed by the Lesser GNU Public License (LGPL), which
|
||||
The Spark source code is governed by the GNU Lesser General Public License (LGPL), which
|
||||
can be found in the <a href="LICENSE.html">LICENSE.html</a> file in this distribution.
|
||||
Spark also contains Open Source software from third-parties.
|
||||
Licensing terms for those components is specifically noted in the relevant source
|
||||
|
||||
Reference in New Issue
Block a user