Zimbra-1.4.txt

Zimbra Public License, Version 1.4 (ZPL)

This Zimbra Public License (this “Agreement”) is a legal agreement that describes
the terms under which Zimbra, Inc., a Texas corporation (“Zimbra”) 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, Zimbra 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 Zimbra with respect
to the Software. In other words, when You are distributing Modifications under
this Agreement, You “stand in the shoes” of Zimbra 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 Zimbra, 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 Texas.

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 Zimbra, and that such
license does not restrict recipients from exercising rights in the source
code to the Software granted by Zimbra 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
Zimbra has no obligation to provide technical support or updates to You. Nothing
in this Agreement requires Zimbra 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. ZIMBRA
MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR
RELATING TO THE SOFTWARE. SPECIFICALLY, ZIMBRA DOES NOT WARRANT THAT THE SOFTWARE
WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST
EXTENT ALLOWED BY LAW, ZIMBRA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ZIMBRA 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 ZIMBRA 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, AND 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 ZIMBRA 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, Zimbra 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 Zimbra 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 Zimbra’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 Delaware 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 Zimbra or any of its parents or subsidiaries
shall be subject to the jurisdiction of the federal or state courts of Northern
Texas, with venue lying in Dallas County, Texas. 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 Zimbra, 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.