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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
1.1 - 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."
1.2 - 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.
1.3 - 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 California.
1.4 - 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.
1.5 - 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
VMware 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
3.1 - 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.
3.2 - 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.
3.3 - 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
THE 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
IN 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.
6.3 - 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.
6.4 - 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
This 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.
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