Zimbra Public License, Version 1.3 (ZPL)
This Zimbra Public License (this "Agreement")
is a legal agreement that describes the terms under which VMware, Inc.,
a Delaware corporation having its principal place of business at 3401
Hillview Avenue, Palo Alto, California 94304 ("VMware") will provide software to you via download or otherwise ("Software"). By using the Software, you, an individual or an entity ("You") agree to the terms of this Agreement.
In consideration of the mutual promises and upon the terms and conditions set forth below, the parties agree as follows:
- 1. Grant of Copyright License
- Subject to the terms and conditions of this Agreement, VMware hereby
grants to You, under any and all of its copyright interest in and to
the Software, a royalty-free, non-exclusive, non-transferable license
to copy, modify, compile, execute, and distribute the Software and
Modifications. For the purposes of this Agreement, any change to,
addition to, or abridgement of the Software made by You is a "Modification;" however, any file You add to the Software that does not contain any part of the Software is not a "Modification."
- If You are an individual acting on behalf of a corporation or other
entity, Your use of the Software or any Modification is subject to Your
having the authority to bind such corporation or entity to this
Agreement. Providing copies to persons within such corporation or
entity is not considered distribution for purposes of this Agreement.
- For the Software or any Modification You distribute in source code
format, You must do so only under the terms of this Agreement, and You
must include a complete copy of this Agreement with Your distribution.
With respect to any Modification You distribute in source code format,
the terms of this Agreement will apply to You in the same way those
terms apply to VMware with respect to the Software. In other words,
when You are distributing Modifications under this Agreement, You
"stand in the shoes" of VMware in terms of the rights You grant and how
the terms and conditions apply to You and the licensees of Your
Modifications. Notwithstanding the foregoing, when You "stand in the
shoes" of VMware, You are not subject to the jurisdiction provision
under Section 7, which requires all disputes under this Agreement to be
subject to the jurisdiction of federal or state courts of northern
- For the Software or any Modification You distribute in compiled or
object code format, You must also provide recipients with access to the
Software or Modification in source code format along with a complete
copy of this Agreement. The distribution of the Software or
Modifications in compiled or object code format may be under a license
of Your choice, provided that You are in compliance with the terms of
this Agreement. In addition, You must make absolutely clear that any
license terms applying to such Software or Modification that differ
from this Agreement are offered by You alone and not by VMware, and
that such license does not restrict recipients from exercising rights
in the source code to the Software granted by VMware under this
Agreement or rights in the source code to any Modification granted by
You as described in Section 1.3.
- This Agreement does not limit Your right to distribute files that are
entirely Your own work (i.e., which do not incorporate any portion of
the Software and are not Modifications) under any terms You choose.
- 2. Support
has no obligation to provide technical support or updates to You.
Nothing in this Agreement requires VMware to enter into any license
with You for any other edition of the Software.
- 3. Intellectual Property Rights
- Except for the license expressly granted under copyright in Section
1.1, no rights, licenses or forbearances are granted or may arise in
relation to this Agreement whether expressly, by implication,
exhaustion, estoppel or otherwise. All rights, including all
intellectual property rights, that are not expressly granted under this
Agreement are hereby reserved.
- In any copy of the Software or in any Modification you create, You
must retain and reproduce, any and all copyright, patent, trademark,
and attribution notices that are included in the Software in the same
form as they appear in the Software. This includes the preservation of
attribution notices in the form of trademarks or logos that exist
within a user interface of the Software.
- This license does not grant You rights to use any party's name, logo,
or trademarks, except solely as necessary to comply with Section 3.2.
- 4. Disclaimer of Warranties
SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. VMWARE
MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING
OR RELATING TO THE SOFTWARE. SPECIFICALLY, VMWARE DOES NOT WARRANT THAT
THE SOFTWARE WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED
MANNER. TO THE GREATEST EXTENT ALLOWED BY LAW, VMWARE SPECIFICALLY
DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE (EVEN IF VMWARE HAD BEEN INFORMED OF SUCH PURPOSE),
AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, ANY MODIFICATIONS
THERETO AND WITH RESPECT TO THE USE OF THE FOREGOING.
- 5. Limitation of Liability
NO EVENT WILL VMWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION,
LOSS OF DATA, COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF OR
RELATING TO THE FURNISHING, PERFORMANCE OR USE OF THE SOFTWARE OR ANY
OTHER RIGHTS GRANTED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT
OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, AND EVEN IF VMWARE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 6. Term and Termination
- 6.1 - This Agreement will continue in effect unless and until terminated earlier pursuant to this Section 6.
- 6.2 - In the event You violate the terms of this Agreement, VMware may terminate this Agreement.
- All licenses granted hereunder shall terminate upon the termination
of this Agreement. Termination will be in addition to any rights and
remedies available to VMware at law or equity or under this Agreement.
- Termination of this Agreement will not affect the provisions
regarding reservation of rights (Section 3.1), provisions disclaiming
or limiting VMware's liability (Sections 4 and 5), Termination (Section
6) or Miscellaneous (Section 7), which provisions will survive
termination of this Agreement.
- 7. Miscellaneous
Agreement contains the entire agreement of the parties with respect to
the subject matter of this Agreement and supersedes all previous
communications, representations, understandings and agreements, either
oral or written, between the parties with respect to said subject
matter. The relationship of the parties hereunder is that of
independent contractors, and this Agreement will not be construed as
creating an agency, partnership, joint venture or any other form of
legal association between the parties. If any term, condition, or
provision in this Agreement is found to be invalid, unlawful or
unenforceable to any extent, this Agreement will be construed in a
manner that most closely effectuates the intent of this Agreement. Such
invalid term, condition or provision will be severed from the remaining
terms, conditions and provisions, which will continue to be valid and
enforceable to the fullest extent permitted by law. This Agreement will
be interpreted and construed in accordance with the laws of the State
of California and the United States of America, without regard to
conflict of law principles. The U.N. Convention on Contracts for the
International Sale of Goods shall not apply to this Agreement. All
disputes arising out of this Agreement involving VMware or any of its
subsidiaries shall be subject to the jurisdiction of the federal or
state courts of northern California, with venue lying in Santa Clara
County, California. No rights may be assigned, no obligations may be
delegated, and this Agreement may not be transferred by You, in whole
or in part, whether voluntary or by operation of law, including by way
of sale of assets, merger or consolidation, without the prior written
consent of VMware, and any purported assignment, delegation or transfer
without such consent shall be void ab initio. Any waiver of the
provisions of this Agreement or of a party's rights or remedies under
this Agreement must be in writing to be effective. Failure, neglect or
delay by a party to enforce the provisions of this Agreement or its
rights or remedies at any time, will not be construed or be deemed to
be a waiver of such party's rights under this Agreement and will not in
any way affect the validity of the whole or any part of this Agreement
or prejudice such party's right to take subsequent action.