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   1  Honest Public License (HPL)
   2  Version 1, August 2006
   3  
   4  This license is a modified version of the GNU General Public License copyright (C) 
   5  1989, 1991 Free Software Foundation, Inc. but has not been made with their 
   6  permission. Section 2(d) has been added to cover use of software over a computer 
   7  network. 
   8   
   9  Everyone is permitted to copy and distribute verbatim copies of this license 
  10  document, but changing it is not allowed.
  11  
  12  The precise terms and conditions for copying, distribution and modification follow.
  13  
  14  TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
  15  
  16  0. This License applies to any program or other work which contains a notice placed 
  17  by the copyright holder saying it may be distributed under the terms of this Honest  
  18  Public License. The "Program", below, refers to any such program or work, and a 
  19  "work based on the Program" means either the Program or any derivative work under 
  20  copyright law: that is to say, a work containing the Program or a portion of it, either 
  21  verbatim or with modifications and/or translated into another language. (Hereinafter, 
  22  translation is included without limitation in the term "modification".) Each licensee is 
  23  addressed as "you".
  24  Activities other than copying, distribution, communication to the public and 
  25  modification are not covered by this License; they are outside its scope. The act of 
  26  running the Program is not restricted for your use, and the output from the Program is 
  27  covered only if its contents constitute a work based on the Program (independent of 
  28  having been made by running the Program). Whether that is true depends on what 
  29  the Program does.
  30  
  31  1. You may copy and distribute verbatim copies of the Program's source code as you 
  32  receive it, in any medium, provided that you conspicuously and appropriately publish 
  33  on each copy an appropriate copyright notice and disclaimer of warranty; keep intact 
  34  all the notices that refer to this License and to the absence of any warranty; and give 
  35  any other recipients of the Program a copy of this License along with the Program.
  36  You may charge a fee for the physical act of transferring a copy, and you may at your 
  37  option offer warranty protection in exchange for a fee.
  38  
  39  2. You may modify your copy or copies of the Program or any portion of it, thus 
  40  forming a work based on the Program, and copy and distribute such modifications or 
  41  work under the terms of Section 1 above, provided that you also meet all of these 
  42  conditions:
  43  a) You must cause the modified files to carry prominent notices stating that you 
  44  changed the files and the date of any change.
  45  b) You must cause any work that you distribute, communicate to the public or 
  46  publish, that in whole or in part contains or is derived from the Program or any part 
  47  thereof, to be licensed as a whole at no charge to all third parties under the terms of 
  48  this License.
  49  c) If the modified program normally reads commands interactively when run, you 
  50  must cause it, when started running for such interactive use in the most ordinary way, 
  51  to print or display an announcement including an appropriate copyright notice and a 
  52  notice that there is no warranty (or else, saying that you provide a warranty) and that 
  53  users may redistribute the program under these conditions, and telling the user how 
  54  to view a copy of this License. (Exception: if the Program itself is interactive but does 
  55  not normally print such an announcement, your work based on the Program is not 
  56  required to print an announcement.)
  57  These requirements apply to the modified work as a whole. If identifiable sections of 
  58  that work are not derived from the Program, and can be reasonably considered 
  59  independent and separate works in themselves, then this License, and its terms, do 
  60  not apply to those sections when you distribute them as separate works. But when 
  61  you distribute the same sections as part of a whole which is a work based on the 
  62  Program, the distribution of the whole must be on the terms of this License, whose 
  63  permissions for other licensees extend to the entire whole, and thus to each and 
  64  every part regardless of who wrote it.
  65  Thus, it is not the intent of this section to claim rights or contest your rights to work 
  66  written entirely by you; rather, the intent is to exercise the right to control the 
  67  distribution of derivative or collective works based on the Program.
  68  In addition, mere aggregation of another work not based on the Program with the 
  69  Program (or with a work based on the Program) on a volume of a storage or 
  70  distribution medium does not bring the other work under the scope of this License.
  71  d)  For the purposes of determining the right to obtain copies of the source code (as 
  72  well as the right to  modify and distribute such source code and object code), the 
  73  term distribution shall include the communication of the Program or work based on 
  74  the Program which is intended to interact with third party users (meaning anyone 
  75  other than you or if you are an entity such as a corporation and not an individual, that 
  76  corporation),  through a computer network and the user shall have the right to obtain 
  77  the source code of the Program or work based on the Program. This provision is an 
  78  express condition for the grants of license hereunder and any such communication 
  79  shall be considered a distribution under Section 1, 2 and 3.
  80  
  81  3. You may copy and distribute the Program (or a work based on it, under Section 2) 
  82  in object code or executable form under the terms of Sections 1 and 2 above 
  83  provided that you also do one of the following:
  84  a) Accompany it with the complete corresponding machine-readable source code, 
  85  which must be distributed under the terms of Sections 1 and 2 above on a medium 
  86  customarily used for software interchange; or,
  87  b) Accompany it with a written offer, valid for at least three years, to give any third 
  88  party, for a charge no more than your cost of physically performing source 
  89  distribution, a complete machine-readable copy of the corresponding source code, to 
  90  be distributed under the terms of Sections 1 and 2 above on a medium customarily 
  91  used for software interchange; or,
  92  c) Accompany it with the information you received as to the offer to distribute 
  93  corresponding source code. (This alternative is allowed only for noncommercial 
  94  distribution and only if you received the program in object code or executable form 
  95  with such an offer, in accord with Subsection b above.)
  96  The source code for a work means the preferred form of the work for making 
  97  modifications to it. For an executable work, complete source code means all the 
  98  source code for all modules it contains, plus any associated interface definition files, 
  99  plus the scripts used to control compilation and installation of the executable. 
 100  However, as a special exception, the source code distributed need not include 
 101  anything that is normally distributed (in either source or binary form) with the major 
 102  components (compiler, kernel, and so on) of the operating system on which the 
 103  executable runs, unless that component itself accompanies the executable.
 104  If distribution of executable or object code is made by offering access to copy from a 
 105  designated place, then offering equivalent access to copy the source code from the 
 106  same place counts as distribution of the source code, even though third parties are 
 107  not compelled to copy the source along with the object code.
 108  
 109  4. You may not copy, modify, sublicense, make available to the public or distribute 
 110  the Program except as expressly provided under this License. Any attempt otherwise 
 111  to copy, modify, sublicense, make available to the public or distribute the Program is 
 112  void, and will automatically terminate your rights under this License. However, parties 
 113  who have received copies, or rights, from you under this License will not have their 
 114  licenses terminated so long as such parties remain in full compliance.
 115  
 116  5. You are not required to accept this License, since you have not signed it. However, 
 117  nothing else grants you permission to modify or distribute the Program or its 
 118  derivative works. These actions are prohibited by law if you do not accept this 
 119  License. Therefore, by modifying or distributing the Program (or any work based on 
 120  the Program), you indicate your acceptance of this License to do so, and all its terms 
 121  and conditions for copying, distributing or modifying the Program or works based on 
 122  it.
 123  
 124  6. Each time you redistribute the Program (or any work based on the Program), the 
 125  recipient automatically receives a license from the original licensor to copy, distribute 
 126  or modify the Program subject to these terms and conditions. You may not impose 
 127  any further restrictions on the recipients' exercise of the rights granted herein. You 
 128  are not responsible for enforcing compliance by third parties to this License.
 129  
 130  7. If, as a consequence of a court judgment or allegation of patent infringement or for 
 131  any other reason (not limited to patent issues), conditions are imposed on you 
 132  (whether by court order, agreement or otherwise) that contradict the conditions of this 
 133  License, they do not excuse you from the conditions of this License. If you cannot 
 134  distribute so as to satisfy simultaneously your obligations under this License and any 
 135  other pertinent obligations, then as a consequence you may not distribute the 
 136  Program at all. For example, if a patent license would not permit royalty-free 
 137  redistribution of the Program by all those who receive copies directly or indirectly 
 138  through you, then the only way you could satisfy both it and this License would be to 
 139  refrain entirely from distribution of the Program.
 140  If any portion of this section is held invalid or unenforceable under any particular 
 141  circumstance, the balance of the section is intended to apply and the section as a 
 142  whole is intended to apply in other circumstances.
 143  It is not the purpose of this section to induce you to infringe any patents or other 
 144  property right claims or to contest validity of any such claims; this section has the 
 145  sole purpose of protecting the integrity of the free software distribution system, which 
 146  is implemented by public license practices. Many people have made generous 
 147  contributions to the wide range of software distributed through that system in reliance 
 148  on consistent application of that system; it is up to the author/donor to decide if he or 
 149  she is willing to distribute software through any other system and a licensee cannot 
 150  impose that choice.
 151  This section is intended to make thoroughly clear what is believed to be a 
 152  consequence of the rest of this License.
 153  
 154  8. If the distribution and/or use of the Program is restricted in certain countries either 
 155  by patents or by copyrighted interfaces, the original copyright holder who places the 
 156  Program under this License may add an explicit geographical distribution limitation 
 157  excluding those countries, so that distribution is permitted only in or among countries 
 158  not thus excluded. In such case, this License incorporates the limitation as if written 
 159  in the body of this License.
 160  
 161  9.  Funambol may publish revised and/or new versions of the New Public License 
 162  from time to time. Such new versions will be similar in spirit to the present version, 
 163  but may differ in detail to address new problems or concerns.
 164  Each version is given a distinguishing version number. If the Program specifies a 
 165  version number of this License which applies to it and "any later version", you have 
 166  the option of following the terms and conditions either of that version or of any later 
 167  version published by Funambol. If the Program does not specify a version number of 
 168  this License, you may choose any version ever published by Funambol.
 169  
 170  10. If you wish to incorporate parts of the Program into other free programs whose 
 171  distribution conditions are different, write to the author to ask for permission. For 
 172  software which is copyrighted by Funambol., write to us; we sometimes make 
 173  exceptions for this. Our decision will be guided by the two goals of preserving the free 
 174  status of all derivatives of our free software and of promoting the sharing and reuse 
 175  of software generally.
 176  
 177  NO WARRANTY
 178  
 179  11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO 
 180  WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY 
 181  APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE 
 182  COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM 
 183  "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR 
 184  IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF 
 185  MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE 
 186  ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS 
 187  WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE 
 188  COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
 189  
 190  12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN 
 191  WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY 
 192  MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE 
 193  LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, 
 194  INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR 
 195  INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF 
 196  DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY 
 197  YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE 
 198  WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY 
 199  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 200  
 201  END OF TERMS AND CONDITIONS
 202  
 203  
 204  How to Apply These Terms to Your New Programs
 205  
 206  If you develop a new program, and you want it to be of the greatest possible use to 
 207  the public, the best way to achieve this is to make it free software which everyone 
 208  can redistribute and change under these terms.
 209  To do so, attach the following notices to the program. It is safest to attach them to the 
 210  start of each source file to most effectively convey the exclusion of warranty; and 
 211  each file should have at least the "copyright" line and a pointer to where the full 
 212  notice is found.
 213  One line to give the program's name and a brief idea of what it does. 
 214  Copyright (C) <year> <name of author>
 215  This program is free software; you can redistribute it and/or modify it under the terms 
 216  of the New Public License.
 217  This program is distributed in the hope that it will be useful, but WITHOUT ANY 
 218  WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS 
 219  FOR A PARTICULAR PURPOSE. See the New Public License for more details.
 220  You should have received a copy of the New Public License along with this program; 
 221  if not, write to Funambol, 643 Bair Island Road, Suite 305 Redwood City, CA 94063.
 222  Also add information on how to contact you by electronic and paper mail.
 223  If the program is interactive, make it output a short notice like this when it starts in an 
 224  interactive mode:
 225  Gnomovision version 69, Copyright (C) year name of author Gnomovision comes 
 226  with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, 
 227  and you are welcome to redistribute it under certain conditions; type `show c' for 
 228  details.
 229  The hypothetical commands `show w' and `show c' should show the appropriate 
 230  parts of the New Public License. Of course, the commands you use may be called 
 231  something other than `show w' and `show c'; they could even be mouse-clicks or 
 232  menu items--whatever suits your program.