For Approval: Socialtext Public License ("STPL")

[Ross Mayfield]

The Socialtext Public License ("STPL") license is based on the Mozilla
Public License with all of the modifications in Exhibit B.   Exhibit B
include an attribution provision based on the Adaptive Public License and a
network use provision based on the Affero license. Socialtext believes that
the application software has special needs as compared to operating systems
because of the application software can be used anonymously in large
distributions and can be used to provide services through an ASP which does
not provide modifications back to the community. None of the approved OSI
approved licenses include both a network use provision and an attribution
provision. We have limited the new provisions to those which are either the
same or very close to provisions from existing licenses (see above).

The license can be used with any software which is licensed under the MPL
and licenses compatible with the MPL. The STPL will take precedence for
combined works. Some licenses such as the GPL which are incompatible with
the MPL are also incompatible to the STPL.

STPL is below in HTML format and attached as a text file.  I look forward to
the discussion,

Ross
--
Ross Mayfield
CEO
Socialtext, Inc.
company: http://www.socialtext.com
weblog: http://ross.typepad.com
this email is: [ X ] bloggable [ ] ask first [ ] private
--

Socialtext Public License Version 2.0 (STPL)



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 or any Contributor. 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 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.

Socialtext, Inc. (ìSocialtext'') 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 Socialtext. No one other than
Socialtext 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
''Socialtext'', ìSTPL'' 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 Socialtext Public License. (Filling in the name
of the Initial 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 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 or a
Contributor (the Initial 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
2.1and/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, 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 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 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
STPL or the alternative licenses, if any, specified by the Initial Developer
in the file described in Exhibit A.



EXHIBIT A -Socialtext Public License Version 2.0.



``The contents of this file are subject to the Socialtext Public License
Version 2.0 (the "License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at
http://www.Socialtext.com/STPL/.



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 wiki software distributed by Socialtext.



The Initial Developer of the Original Code is Socialtext, Inc.. All portions
of the code written by Socialtext are Copyright (C) Socialtext Inc. All
Rights Reserved.



EXHIBIT B



Additional Terms applicable to the Socialtext Public License.



1. Effect.



These additional terms described in this Socialtext Public License ñ
Additional Terms shall apply to the Covered Code under this License.



1.1  Attribution.   As a modest attribution to the Initial Developer, in the
hope that its promotional value may help justify the time, money and effort
invested in writing the Original Code, the Initial Developer may include in
Part 2 of Exhibit B (ìExhibit B Notice Sectionî) a requirement that each
time an Executable or a Larger Work is launched or run, a prominent display
of the Initial Developer's attribution information must occur on the graphic
user interface (which may include display on a splash screen), if any.
Attribution information may only include a copyright notice, a brief phrase,
graphic image and a URL (ìAttribution Informationî) 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 Initial Developer and that if You include Attribution
Information or similar information for other parties, You must ensure that
the Attribution Information for the Initial Developer shall be no less
prominent than such Attribution Information or similar information for the
other party.  If the Executable does not launch or run a graphic user
interface, this obligation shall not apply. In addition, You must include
the Attribution Information at the beginning of each Source Code file. For
greater certainty, the Initial Developer may choose to specify in the
Exhibit B Notice Section that the above attribution requirement only applies
to an Executable resulting from the Original Code or any Covered Code, but
not a Larger Work. The intent is to provide for reasonably modest
attribution, therefore the Initial 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 Initial
Developer; (b) a word or one phrase (not exceeding 10 words); (c) one
digital image or graphic provided by the Initial Developer; and (d) a URL
(collectively, the "Attribution Limits").



If no Exhibit B Notice Section exists, or no Attribution Information is set
out in the Exhibit B Notice Section, then there are no requirements for You
to display any Attribution Information of the Initial Developer.



You acknowledge that all trademarks, service marks and/or trade names
contained within the Exhibit B Notice Section distributed with the Covered
Code are the exclusive property of the Initial Contributor and may only be
used with the permission of the Initial Contributor, or under  circumstances
otherwise permitted by law or as expressly set out in this License



1.2  Network Use.  If the Covered Code as You received it is intended to
interact with users through a computer network and if, in the version You
received, such a user has the opportunity to request transmission to that
user (whether through an Electronic Distribution Mechanism or otherwise) of
the complete Source Code of the Covered Code, You must not remove that
facility from the Contributor Version, and must offer an equivalent
opportunity for all users interacting with the Contributor Version through a
computer network to request immediate transmission by HTTP of the complete
Source Code of the Contributor Version.  .



2. Exhibit B Notice Section.



Socialtext, Inc. (c)   2003-2006; Powered by Socialtext, the leading
commercial open source enterprise wiki. www.socialtext.com and the
Socialtext logo.



The Socialtext logo is found at www.socialtext.com.
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Socialtext Public License Version 2.0 (STPL)

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 or any Contributor. 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 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. 
Socialtext, Inc. (?Socialtext'') 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 Socialtext. No one other than Socialtext 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 ''Socialtext'', ?STPL'' 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 Socialtext Public License. (Filling in the name of the Initial 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 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 or a Contributor (the Initial 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, 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 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 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 STPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.

EXHIBIT A -Socialtext Public License Version 2.0. 

``The contents of this file are subject to the Socialtext Public License Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.Socialtext.com/STPL/. 

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 wiki software distributed by Socialtext. 

The Initial Developer of the Original Code is Socialtext, Inc.. All portions of the code written by Socialtext are Copyright (C) Socialtext Inc. All Rights Reserved. 

EXHIBIT B

Additional Terms applicable to the Socialtext Public License.

1. Effect.

These additional terms described in this Socialtext Public License ? Additional Terms shall apply to the Covered Code under this License.

1.1  Attribution.   As a modest attribution to the Initial Developer, in the hope that its promotional value may help justify the time, money and effort invested in writing the Original Code, the Initial Developer may include in Part 2 of Exhibit B (?Exhibit B Notice Section?) a requirement that each time an Executable or a Larger Work is launched or run, a prominent display of the Initial Developer's attribution information must occur on the graphic user interface (which may include display on a splash screen), if any. 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 Initial Developer and that if You include Attribution Information or similar information for other parties, You must ensure that the Attribution Information for the Initial Developer shall be no less prominent than such Attribution Information or similar information for the other party.  If the Executable does not launch or run a graphic user interface, this obligation shall not apply. In addition, You must include the Attribution Information at the beginning of each Source Code file. For greater certainty, the Initial Developer may choose to specify in the Exhibit B Notice Section that the above attribution requirement only applies to an Executable resulting from the Original Code or any Covered Code, but not a Larger Work. The intent is to provide for reasonably modest attribution, therefore the Initial 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 Initial Developer; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or graphic provided by the Initial Developer; and (d) a URL (collectively, the "Attribution Limits"). 

If no Exhibit B Notice Section exists, or no Attribution Information is set out in the Exhibit B Notice Section, then there are no requirements for You to display any Attribution Information of the Initial Developer. 

You acknowledge that all trademarks, service marks and/or trade names contained within the Exhibit B Notice Section distributed with the Covered Code are the exclusive property of the Initial Contributor and may only be used with the permission of the Initial Contributor, or under  circumstances otherwise permitted by law or as expressly set out in this License

1.2  Network Use.  If the Covered Code as You received it is intended to interact with users through a computer network and if, in the version You received, such a user has the opportunity to request transmission to that user (whether through an Electronic Distribution Mechanism or otherwise) of the complete Source Code of the Covered Code, You must not remove that facility from the Contributor Version, and must offer an equivalent opportunity for all users interacting with the Contributor Version through a computer network to request immediate transmission by HTTP of the complete Source Code of the Contributor Version.  .

2. Exhibit B Notice Section.

Socialtext, Inc. ?   2003-2006; Powered by Socialtext, the leading commercial open source enterprise wiki. www.socialtext.com and the Socialtext logo.

The Socialtext logo is found at www.socialtext.com.