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The SEO-CMS Public License Version ("SPL") consists of the Mozilla
Public License Version 1.1, modified to be specific to SEO-CMS,
with the Additional Terms in Exhibit B. The original Mozilla Public
License 1.1 can be found at: http://www.mozilla.org/MPL/MPL-1.1.html
SEO-CMS PUBLIC LICENSE 1.1.1
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise makingthe Covered Code available to a third party.
1.1. 'Contributor' means each entity that creates or contributesto the creation of Modifications.
1.2. 'Contributor Version' means the combination of the
OriginalCode, prior Modifications used by a Contributor, and the
Modificationsmade by that particular Contributor.
1.3. 'Covered Code' means the Original Code or
Modificationsor the combination of the Original Code and Modifications,
in each caseincluding portions thereof.
1.4. 'Electronic Distribution Mechanism' means a mechanismgenerally accepted in the software development community for the electronictransfer of data.
1.5. 'Executable' means Covered Code in any form other thanSource Code.
1.6. 'Initial Developer' means the individual or entity identifiedas the Initial Developer in the Source Code notice required by ExhibitA.
1.7. 'Larger Work' means a work which combines Covered Codeor portions thereof with code not governed by the terms of this License.
1.8. 'License' means this document.
1.8.1. "Licensable" means having the right to grant, to the
maximumextent possible, whether at the time of the initial grant or
subsequentlyacquired, any and all of the rights conveyed herein.
1.9. 'Modifications' means any addition to or deletion
fromthe substance or structure of either the Original Code or any
previousModifications. When Covered Code is released as a series of
files, a Modificationis:
1.10. 'Original Code' means Source Code of computer software codewhich is described in the Source Code notice required by Exhibit A
as Original Code, and which, at the time of its release under this
Licenseis not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now
ownedor hereafter acquired, including without limitation, method,
process,and apparatus claims, in any patent Licensable by grantor.
1.11. 'Source Code' means the preferred form of the
CoveredCode for making modifications to it, including all modules it
contains,plus any associated interface definition files, scripts used
to controlcompilation and installation of an Executable, or source code
differentialcomparisons against either the Original Code or another
well known, availableCovered Code of the Contributor's choice. The
Source Code can be in a compressedor archival form, provided the
appropriate decompression or de-archivingsoftware is widely available
for no charge.
1.12. "You' (or "Your") means an individual or a
legalentity exercising rights under, and complying with all of the
terms of,this License or a future version of this License issued under
Section 6.1.For legal entities, "You' includes any entity which
controls, is controlledby, or is under common control with You. For
purposes of this definition,"control' means (a) the power, direct or
indirect, to cause the directionor management of such entity, whether
by contract or otherwise, or (b)ownership of more than fifty percent
(50%) of the outstanding shares orbeneficial ownership of such entity. 2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide,
royalty-free,non-exclusive license, subject to third party intellectual
property claims:
(a) under intellectual property rights (other
thanpatent or trademark) Licensable by Initial Developer to use,
reproduce,modify, display, perform, sublicense and distribute the
Original Code (orportions thereof) with or without Modifications,
and/or as part of a LargerWork; and
(b) under Patents Claims infringed by the making, using or
sellingof Original Code, to make, have made, use, practice, sell, and
offer forsale, and/or otherwise dispose of the Original Code (or
portions thereof).
(c) the licenses granted in this Section
2.1(a) and (b) are effectiveon the date Initial Developer first
distributes Original Code under theterms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license
isgranted: 1) for code that You delete from the Original Code; 2)
separatefrom the Original Code; or 3) for infringements caused
by: i) themodification of the Original Code or ii) the combination of
the OriginalCode with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each
Contributorhereby grants You a world-wide, royalty-free, non-exclusive
license
(a) under intellectual property rights (other
thanpatent or trademark) Licensable by Contributor, to use, reproduce,
modify,display, perform, sublicense and distribute the Modifications
created bysuch Contributor (or portions thereof) either on an
unmodified basis, withother Modifications, as Covered Code and/or as
part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or
sellingof Modifications made by that Contributor either alone
and/or in combination with its Contributor
Version (or portions of such combination),to make, use, sell, offer for
sale, have made, and/or otherwise disposeof: 1) Modifications made by
that Contributor (or portions thereof); and2) the combination of
Modifications made by that Contributor withits Contributor Version (or
portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
effectiveon the date Contributor first makes Commercial Use of the
Covered Code.
(d) Notwithstanding Section 2.2(b) above,
nopatent license is granted: 1) for any code that Contributor has
deletedfrom the Contributor Version; 2) separate from the
Contributor Version; 3) for infringements caused by: i)
third party modifications of ContributorVersion or ii) the
combination of Modifications made by that Contributorwith other
software (except as part of the Contributor Version) orother
devices; or 4) under Patent Claims infringed by Covered Code in
theabsence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are
governedby the terms of this License, including without limitation
Section 2.2.The Source Code version of Covered Code may be
distributed only under theterms of this License or a future version of
this License released underSection 6.1, and You must include a
copy of this License with everycopy of the Source Code You distribute.
You may not offer or impose anyterms on any Source Code version that
alters or restricts the applicableversion of this License or the
recipients' rights hereunder. However, Youmay include an additional
document offering the additional rights describedin Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must
bemade available in Source Code form under the terms of this License
eitheron the same media as an Executable version or via an accepted
ElectronicDistribution Mechanism to anyone to whom you made an
Executable versionavailable; and if made available via Electronic
Distribution Mechanism,must remain available for at least twelve (12)
months after the date itinitially became available, or at least six (6)
months after a subsequentversion of that particular Modification has
been made available to suchrecipients. You are responsible for ensuring
that the Source Code versionremains available even if the Electronic
Distribution Mechanism is maintainedby a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to containa
file documenting the changes You made to create that Covered Code
andthe date of any change. You must include a prominent statement that
theModification is derived, directly or indirectly, from Original Code
providedby the Initial Developer and including the name of the Initial
Developerin (a) the Source Code, and (b) in any notice in an Executable
versionor related documentation in which You describe the origin or
ownershipof the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectualproperty rights is required to exercise the rights granted
by such Contributorunder Sections 2.1 or 2.2, Contributor must include
a text file with theSource Code distribution titled "LEGAL' which
describes the claim andthe party making the claim in sufficient detail
that a recipient will knowwhom to contact. If Contributor obtains such
knowledge after the Modificationis made available as described in
Section 3.2, Contributor shall promptlymodify the LEGAL file in all
copies Contributor makes available thereafterand shall take other steps
(such as notifying appropriate mailing listsor newsgroups) reasonably
calculated to inform those who received the CoveredCode that new
knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming
interfaceand Contributor has knowledge of patent licenses which are
reasonably necessaryto implement that API, Contributor must also
include this information inthe LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to
Section3.4(a) above, Contributor believes that Contributor's
Modifications areContributor's original creation(s) and/or Contributor
has sufficient rightsto grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of
theSource Code. If it is not possible to put such notice in a
particularSource Code file due to its structure, then You must include
such noticein a location (such as a relevant directory) where a user
would be likelyto look for such a notice. If You created one or
more Modification(s)You may add your name as a Contributor to the
notice described in ExhibitA. You must also duplicate
this License in any documentationfor the Source Code where You describe
recipients' rights or ownershiprights relating to Covered Code.
You may choose to offer, and tocharge a fee for, warranty, support,
indemnity or liability obligationsto one or more recipients of Covered
Code. However, You may do so onlyon Your own behalf, and not on behalf
of the Initial Developer or any Contributor.You must make it absolutely
clear than any such warranty, support, indemnityor liability obligation
is offered by You alone, and You hereby agree toindemnify the Initial
Developer and every Contributor for any liabilityincurred by the
Initial Developer or such Contributor as a result of warranty,support,
indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirementsof Section 3.1-3.5
have been met for that Covered Code, and if Youinclude a notice stating
that the Source Code version of the Covered Codeis available under the
terms of this License, including a description ofhow and where You have
fulfilled the obligations of Section 3.2.The notice must be
conspicuously included in any notice in an Executableversion, related
documentation or collateral in which You describe recipients'rights
relating to the Covered Code. You may distribute the Executableversion
of Covered Code or ownership rights under a license of Your
choice,which may contain terms different from this License, provided
that Youare in compliance with the terms of this License and that the
license forthe Executable version does not attempt to limit or alter
the recipient'srights in the Source Code version from the rights set
forth in this License.If You distribute the Executable version under a
different license Youmust make it absolutely clear that any terms which
differ from this Licenseare offered by You alone, not by the Initial
Developer or any Contributor.You hereby agree to indemnify the Initial
Developer and every Contributorfor any liability incurred by the
Initial Developer or such Contributoras a result of any such terms You
offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other
codenot governed by the terms of this License and distribute the Larger
Workas a single product. In such a case, You must make sure the
requirementsof this License are fulfilled for the Covered Code. 4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of
thisLicense with respect to some or all of the Covered Code due to
statute,judicial order, or regulation then You must: (a) comply with
the termsof this License to the maximum extent possible; and (b)
describe the limitationsand the code they affect. Such description must
be included in the LEGALfile described in Section 3.4 and must
be included with all distributionsof the Source Code. Except to the
extent prohibited by statute or regulation,such description must be
sufficiently detailed for a recipient of ordinaryskill to be able to
understand it. 5. Application of this License.
This License applies to code to which the Initial Developer has attachedthe notice in Exhibit A and to related Covered Code. 6. Versions of the License.
6.1. New Versions.
SEO-CMS Inc. ('SEO-CMS') may publish revisedand/or new versions
of the License from time to time. Each version willbe given a
distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version
ofthe License, You may always continue to use it under the terms of
thatversion. You may also choose to use such Covered Code under the
terms ofany subsequent version of the License published by SEO-CMS. No
one otherthan SEO-CMS has the right to modify the terms applicable to
Covered Codecreated under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which
youmay only do in order to apply it to code which is not already
Covered Codegoverned by this License), You must (a) rename Your license
so that thephrases 'SEO-CMS', 'SPL'or any confusingly similar phrase
do not appear in your license (exceptto note that your license differs
from this License) and (b) otherwisemake it clear that Your version of
the license contains terms which differfrom the SEO-CMS Public
License. (Filling inthe name of the Initial Developer, Original Code or
Contributor in thenotice described in Exhibit A shall not of themselves be deemedto be modifications of this License.) 7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS' BASIS,
WITHOUTWARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION,WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
MERCHANTABLE, FITFOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
RISK AS TO THE QUALITYAND PERFORMANCE OF THE COVERED CODE IS WITH YOU.
SHOULD ANY COVERED CODEPROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER OR ANY OTHERCONTRIBUTOR) ASSUME THE COST OF ANY
NECESSARY SERVICING, REPAIR OR CORRECTION.THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.NO USE OF ANY COVERED
CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 8. TERMINATION.
8.1. This License and the rights granted hereunder
willterminate automatically if You fail to comply with terms herein and
failto cure such breach within 30 days of becoming aware of the breach.
Allsublicenses to the Covered Code which are properly granted shall
surviveany termination of this License. Provisions which, by their
nature, mustremain in effect beyond the termination of this License
shall survive.
8.2. If You initiate litigation by asserting a patent
infringementclaim (excluding declatory judgment actions) against
Initial Developeror a Contributor (the Initial Developer or Contributor
against whom Youfile such action is referred to as "Participant")
alleging that:
(a) such Participant's Contributor Version directly
orindirectly infringes any patent, then any and all rights granted by
suchParticipant to You under Sections 2.1 and/or 2.2 of this License
shall,upon 60 days notice from Participant terminate prospectively,
unless ifwithin 60 days after receipt of notice You either: (i)
agree in writingto pay Participant a mutually agreeable reasonable
royalty for Your pastand future use of Modifications made by such
Participant, or (ii) withdrawYour litigation claim with respect to the
Contributor Version against suchParticipant. If within 60 days of
notice, a reasonable royalty andpayment arrangement are not mutually
agreed upon in writing by the partiesor the litigation claim is not
withdrawn, the rights granted by Participantto You under Sections 2.1
and/or 2.2 automatically terminate at the expirationof the 60 day
notice period specified above.
(b) any software, hardware, or device, other than
suchParticipant's Contributor Version, directly or indirectly infringes
anypatent, then any rights granted to You by such Participant under
Sections2.1(b) and 2.2(b) are revoked effective as of the date You
first made,used, sold, distributed, or had made, Modifications made by
that Participant.
8.3. If You assert a patent infringement claim
againstParticipant alleging that such Participant's Contributor Version
directlyor indirectly infringes any patent where such claim is resolved
(such asby license or settlement) prior to the initiation of patent
infringementlitigation, then the reasonable value of the licenses
granted by such Participantunder Sections 2.1 or 2.2 shall be taken
into account in determining theamount or value of any payment or
license.
8.4. In the event of termination under Sections 8.1
or8.2 above, all end user license agreements (excluding
distributorsand resellers) which have been validly granted by You or
any distributorhereunder prior to termination shall survive termination. 9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDINGNEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER,ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
ANY SUPPLIEROF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
INDIRECT, SPECIAL,INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUTLIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILUREOR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVENIF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH ORPERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLELAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSIONOR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSIONAND LIMITATION MAY NOT APPLY TO YOU. 10. U.S. GOVERNMENT END USERS.
The Covered Code is a 'commercial item,' as that term is definedin
48 C.F.R. 2.101 (Oct. 1995), consisting of 'commercial computer
software'and 'commercial computer software documentation,' as such
terms are usedin 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all U.S. GovernmentEnd Users acquire Covered Code with only those
rights set forth herein. 11. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matterhereof. If any provision of this License is held to be
unenforceable, suchprovision shall be reformed only to the extent
necessary to make it enforceable.This License shall be governed by
California law provisions (except tothe extent applicable law, if any,
provides otherwise), excluding its conflict-of-lawprovisions. With
respect to disputes in which at least one party is a citizenof, or an
entity chartered or registered to do business in the United Statesof
America, any litigation relating to this License shall be subject tothe
jurisdiction of the Federal Courts of the Northern District of
California,with venue lying in Santa Clara County, California, with the
losing partyresponsible for costs, including without limitation, court
costs and reasonableattorneys' fees and expenses. The application of
the United Nations Conventionon Contracts for the International Sale of
Goods is expressly excluded.Any law or regulation which provides that
the language of a contract shallbe construed against the drafter shall
not apply to this License. 12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsiblefor claims and damages arising, directly or indirectly, out
of its utilizationof rights under this License and You agree to work
with Initial Developerand Contributors to distribute such
responsibility on an equitable basis.Nothing herein is intended or
shall be deemed to constitute any admissionof liability. 13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
‚"Multiple-Licensed‚". ‚"Multiple-Licensed‚" means that the Initial
Developer permits you to utilizeportions of the Covered Code under Your
choice of the SPL or the alternativelicenses, if any, specified by the
Initial Developer in the file describedin Exhibit A.
SEO-CMS Public License 1.1.1 - Exhibit A
The contents of this file are subject to the SEO-CMS Public License Version
1.1.3
("License"); You may not use this file except in compliance with
the
License. You may obtain a copy of the License at http://seo-cms.com/SPL
Software distributed under the License is distributed on an "AS IS"
basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.
The Original Code is: SEO-CMS Open Source
The Initial Developer of the Original Code is SEO-CMS, Inc.
Portions created by SEO-CMS are Copyright (C) 2004 SEO-CMS, Inc.;
All Rights Reserved.
Contributor(s): ______________________________________.
[NOTE: The text of this Exhibit A may differ slightly from the
textof the notices in the Source Code files of the Original Code. You
shoulduse the text of this Exhibit A rather than the text found in the
OriginalCode Source Code for Your Modifications.]
SEO-CMS Public License 1.1.1 - Exihibit B
Additional Terms applicable to the SEO-CMS Public License.
I. Effect.
These additional terms described in this SEO-CMS Public License –
Additional Terms shall apply to the Covered Code under this License.
II. SEO-CMS and logo.
This License does not grant any rights to use the trademarks "SEO-CMS"
and the "SEO-CMS" logos even if such marks are included in the Original
Code or Modifications.
However, in addition to the other notice obligations, all copies of the Covered
Code in Executable and Source Code form distributed must, as a form of attribution
of the original author, include on each user interface screen (i) the "Powered
by SEO-CMS" logo and (ii) the copyright notice in the same form as the
latest version of the Covered Code distributed by SEO-CMS, Inc. at the time
of distribution of such copy. In addition, the "Powered by SEO-CMS"
logo must be visible to all users and be located at the very bottom center of
each user interface screen. Notwithstanding the above, the dimensions of the
"Powered By SEO-CMS" logo must be 134 x 26 pixels. When users click
on the "Powered by SEO-CMS" logo it must direct them back to http://seo-cms.com.
In addition, the copyright notice must remain visible to all users at all times
at the bottom of the user interface screen. When users click on the copyright
notice, it must direct them back to http://seo-cms.com
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