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open projects 1.4: is for project

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 "Projity", "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.)<br>
7. DISCLAIMER OF WARRANTY.<br>
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.<br>
8. TERMINATION.<br>
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.<br>
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:<br>
(a) such Participant&rsquo;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.<br>
(b) any software, hardware, or device, other than such
Participant&rsquo;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.<br>
8.3 If You assert a patent infringement claim against Participant
alleging that such Participant&rsquo;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.<br>
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.<br>
9. LIMITATION OF LIABILITY.<br>
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&rsquo;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.<br>
10. U.S. GOVERNMENT END USERS.<br>
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.<br>
11. MISCELLANEOUS.<br>
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&rsquo; 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.<br>
12. RESPONSIBILITY FOR CLAIMS.<br>
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.<br>
13. MULTIPLE-LICENSED CODE.<br>
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.<br>
14. ADDITIONAL TERM: ATTRIBUTION<br>
(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&rsquo;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.<br>
(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").<br>
(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.<br>
(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.<br>
15. ADDITIONAL TERM: NETWORK USE.<br>
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.</p>
<p><span>EXHIBIT A.
Common Public Attribution License Version 1.0.<br>
"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 </span><a
 href="http://www.projity.com/license/index.html">http://www.projity.com/license</a>
<span>. 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.</span></p>
<p>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.<br>
The Original Code is OpenProj.<br>
The Original Developer is the Initial Developer and is Projity, Inc.
All portions of the code written by Projity are Copyright (c)
&nbsp;2006, 2008. All Rights Reserved.<br>
Contributors Projity, Inc.</p>
<p>Alternatively, the contents of this file may
be used under the terms of the Projity End-User License Agreeement (the
Projity License), in which case the provisions of the Projity License
are applicable instead of those above. If you wish to allow use of your
version of this file only under the terms of the Projity License and
not to allow others to use your version of this file under the CPAL,
indicate your decision by deleting the provisions above and replace
them with the notice and other provisions required by the Projity
&nbsp;License. If you do not delete the provisions above, a
recipient may use your version of this file under either the CPAL or
the Projity License.</p>
<p><br>
[NOTE: The text of this Exhibit A may differ slightly from the text of
the notices in the Source Code files of the Original Code. You should
use the text of this Exhibit A rather than the text found in the
Original Code Source Code for Your Modifications.]</p>
<p>EXHIBIT B. Attribution Information<br>
Attribution Copyright Notice: Copyright &copy; 2006, 2008 Projity,
Inc. <br>
Attribution Phrase (not exceeding 10 words): Powered by OpenProj,
&nbsp;an open source solution from Projity <br>
Attribution URL: http://www.projity.com<br>
Graphic Image as provided in the Covered Code as file:
&nbsp;openproj_logo.png with alternatives listed on <a
 href="http://www.projity.com/logo">http://www.projity.com/logo</a></p>
<p><a href="http://www.projity.com/"><img src="http://www.projity.com/logo/openproj_logo.png"></a><a
 href="http://www.projity.com/"><br>
</a></p>
<p><span>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. However, in addition
to the other notice obligations, all copies of the Covered Code in
Executable and Source Code form distributed must, as a form of
attribution of the original author, include on each user interface
screen the "OpenProj" logo visible to all users.
&nbsp;The OpenProj logo should be located horizontally aligned with
the menu bar and left justified on the top left of the screen adjacent
to the File menu. &nbsp;The logo must be at least 100 x 25 pixels.
&nbsp;When users click on the "OpenProj" logo
it must direct them back to </span><a
 href="http://www.projity.com/"><span><span>http://www.projity.com</span></span></a><span>. &nbsp;</span></p>
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