CondeNet, Inc. - Reddit

Common Public Attribution License Version 1.0 (CPAL)

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 Contributor.

1.3 "Covered Code" means the Original Code or Modifications or the combination

of the Original Code and Modifications, in each case including portions

thereof.

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 claims:

(a) 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 Work; and

(b) 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 thereof).

(c) 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.

(d) 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

(a) 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

(b) 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

combination).

(c) 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.

(d) 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,

Original Developer or any Contributor. You hereby agree to indemnify the Initial

Developer, Original Developer and every Contributor for any liability incurred

by the Initial Developer, Original 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.

If 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.

CondeNet, Inc. ("CondeNet") may publish revised and/or new versions of the

License from time to time. Each version will be given a distinguishing version

number.

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 CondeNet. No one other than CondeNet 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 "CondeNet",

"CPAL" 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

CPAL. (Filling in the name of the Initial Developer, Original 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.

COVERED 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, ORIGINAL

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.

8.1 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 shall survive.

8.2 If You initiate litigation by asserting a patent infringement claim

(excluding declatory judgment actions) against Initial Developer, Original

Developer or a Contributor (the Initial Developer, Original Developer or

Contributor against whom You file such action is referred to as "Participant")

alleging that:

(a) 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 above.

(b) 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.

8.3 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.

8.4 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.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING

NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ORIGINAL

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.

The 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 forth herein.

11. MISCELLANEOUS.

This 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.

As between Initial Developer, Original 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, Original 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.

Initial 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 CPAL or the

alternative licenses, if any, specified by the Initial Developer in the file

described in Exhibit A.

14. ADDITIONAL TERM: ATTRIBUTION

(a) As a modest attribution to the organizer of the development of the Original

Code ("Original Developer"), in the hope that its promotional value may help

justify the time, money and effort invested in writing the Original Code, the

Original Developer may include in Exhibit B ("Attribution Information") a

requirement that each time an Executable and Source Code or a Larger Work is

launched or initially run (which includes initiating a session), a prominent

display of the Original Developer's Attribution Information (as defined below)

must occur on the graphic user interface employed by the end user to access such

Covered Code (which may include display on a splash screen), if any. The size of

the graphic image should be consistent with the size of the other elements of

the Attribution Information. If the access by the end user to the Executable and

Source Code does not create a graphic user interface for access to the Covered

Code, this obligation shall not apply. If the Original Code displays such

Attribution Information in a particular form (such as in the form of a splash

screen, notice at login, an "about" display, or dedicated attribution area on

user interface screens), continued use of such form for that Attribution

Information is one way of meeting this requirement for notice.

(b) Attribution information may only include a copyright notice, a brief phrase,

graphic image and a URL ("Attribution Information") and is subject to the

Attribution Limits as defined below. For these purposes, prominent shall mean

display for sufficient duration to give reasonable notice to the user of the

identity of the Original Developer and that if You include Attribution

Information or similar information for other parties, You must ensure that the

Attribution Information for the Original Developer shall be no less prominent

than such Attribution Information or similar information for the other

party. For greater certainty, the Original Developer may choose to specify in

Exhibit B below that the above attribution requirement only applies to an

Executable and Source Code resulting from the Original Code or any Modification,

but not a Larger Work. The intent is to provide for reasonably modest

attribution, therefore the Original Developer cannot require that You display,

at any time, more than the following information as Attribution Information: (a)

a copyright notice including the name of the Original Developer; (b) a word or

one phrase (not exceeding 10 words); (c) one graphic image provided by the

Original Developer; and (d) a URL (collectively, the "Attribution Limits").

(c) If Exhibit B does not include any Attribution Information, then there are no

requirements for You to display any Attribution Information of the Original

Developer.

(d) You acknowledge that all trademarks, service marks and/or trade names

contained within the Attribution Information distributed with the Covered Code

are the exclusive property of their owners and may only be used with the

permission of their owners, or under circumstances otherwise permitted by law or

as expressly set out in this License.

15. ADDITIONAL TERM: NETWORK USE.

The term "External Deployment" means the use, distribution, or communication of

the Original Code or Modifications in any way such that the Original Code or

Modifications may be used by anyone other than You, whether those works are

distributed or communicated to those persons or made available as an application

intended for use over a network. As an express condition for the grants of

license hereunder, You must treat any External Deployment by You of the Original

Code or Modifications as a distribution under section 3.1 and make Source Code

available under Section 3.2.

EXHIBIT A. Common Public Attribution License Version 1.0.

"The contents of this file are subject to the Common Public Attribution License

Version 1.0. (the "License"); you may not use this file except in compliance

with the License. You may obtain a copy of the License at

http://code.reddit.com/LICENSE. The License is based on the Mozilla Public

License Version 1.1, but Sections 14 and 15 have been added to cover use of

software over a computer network and provide for limited attribution for the

Original Developer. In addition, Exhibit A has been modified to be consistent

with Exhibit B.

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 Reddit.

The Original Developer is the Initial Developer. The Initial Developer of the

Original Code is CondeNet, Inc.

All portions of the code written by CondeNet are Copyright (c) 2006-2008

CondeNet, Inc. All Rights Reserved.

EXHIBIT B. Attribution Information

Attribution Copyright Notice: Copyright (c) 2006-2008 CondeNet, Inc. All Rights

Reserved.

Attribution Phrase (not exceeding 10 words): Powered by Reddit

Attribution URL: http://code.reddit.com

Graphic Image as provided in the Covered Code:

http://code.reddit.com/reddit_logo.png

Display of Attribution Information is required in Larger Works which are defined

in the CPAL as a work which combines Covered Code or portions thereof with code

not governed by the terms of the CPAL.