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