|
| 1 | +<?php |
| 2 | +$_SERVER['BASE_PAGE'] = 'license/ZendGrant/index.php'; |
| 3 | +include_once __DIR__ . '/../../include/prepend.inc'; |
| 4 | + |
| 5 | +$SIDEBAR_DATA = <<<EOF |
| 6 | +<aside> |
| 7 | + <h3>Exhibit 1</h3> |
| 8 | +
|
| 9 | + <ul> |
| 10 | + <li><a href="/license/ZendGrant/ZendGrant3.png">Page 1</a></li> |
| 11 | + <li><a href="/license/ZendGrant/ZendGrant4.png">Page 2</a></li> |
| 12 | + </ul> |
| 13 | + |
| 14 | + <h3>Exhibit 2</h3> |
| 15 | +
|
| 16 | + <ul> |
| 17 | + <li><a href="/license/ZendGrant/ZendGrant5.png">Page 1</a></li> |
| 18 | + </ul> |
| 19 | +
|
| 20 | + <h3>Exhibit 3</h3> |
| 21 | +
|
| 22 | + <ul> |
| 23 | + <li><a href="/license/ZendGrant/ZendGrant6.png">Page 1</a></li> |
| 24 | + <li><a href="/license/ZendGrant/ZendGrant7.png">Page 2</a></li> |
| 25 | + </ul> |
| 26 | +
|
| 27 | + <h3>Resources</h3> |
| 28 | +
|
| 29 | + <ul> |
| 30 | + <li><a href="/license/ZendGrant/ZendGrant.pdf">Scan of full document as a PDF</a></li> |
| 31 | + </ul> |
| 32 | +</aside> |
| 33 | +EOF; |
| 34 | + |
| 35 | +site_header("Zend Grant", ["current" => "help"]); |
| 36 | +?> |
| 37 | + |
| 38 | +<h1>Zend Grant</h1> |
| 39 | + |
| 40 | +<p> |
| 41 | + Zend Technologies, Ltd.<br> |
| 42 | + Jabotinski 35, Ramat Gan<br> |
| 43 | + Israel |
| 44 | +</p> |
| 45 | + |
| 46 | +<p>May 22, 2000</p> |
| 47 | + |
| 48 | +<p> |
| 49 | + PHP Association<br> |
| 50 | + Nebraska |
| 51 | +</p> |
| 52 | + |
| 53 | +<p>Re: <u>Zend Engine</u></p> |
| 54 | + |
| 55 | +<p> |
| 56 | + As you know, Zend Technologies, Ltd. ("Zend") remains deeply committed to the advancement and |
| 57 | + proliferation of PHP as an open source web scripting language. Zend currently makes its Zend Engine |
| 58 | + software available, as a standalone product, under the open-source agreement that may be found at |
| 59 | + http://www.zend.com/license/ZendLicense.txt (the "Zend Open Source License", a copy of which is |
| 60 | + attached as Exhibit 1). Since Zend Engine is a crucial component of PHP, Zend hereby makes the following |
| 61 | + commitments and assurances to The PHP Association (the "Association"): |
| 62 | +</p> |
| 63 | + |
| 64 | +<ul> |
| 65 | + <li> |
| 66 | + <p> |
| 67 | + Zend will continue to make Zend Engine available as an open source product under the Zend |
| 68 | + Open Source License. If Zend changes the terms of the Zend Open Source License, the new |
| 69 | + license will be consistent with the Open Source Definition of the Open Source Initiative (see |
| 70 | + http://www.opensource.org/osd.html, a copy of which is attached as Exhibit 2). |
| 71 | + </p> |
| 72 | + </li> |
| 73 | + <li> |
| 74 | + <p> |
| 75 | + Without limitation of the license to Zend Engine granted to all users under the Zend Open |
| 76 | + Source License, the PHP Association is hereby authorized to market, distribute and sublicense |
| 77 | + Zend Engine, in source and object code forms, as an integrated component of PHP, to end users |
| 78 | + who agree to be bound by the PHP open-source license, version 2.02, in the form attached |
| 79 | + hereto as Exhibit 3 (the "PHP Open Source License"). However, if Zend Engine is either |
| 80 | + modified or separated from the rest of PHP, the use of the modified or separated Zend Engine |
| 81 | + shall not be governed by the PHP Open Source License, but instead shall be governed by the |
| 82 | + Zend Open Source License. |
| 83 | + </p> |
| 84 | + </li> |
| 85 | +</ul> |
| 86 | + |
| 87 | +<p>The following additional terms shall apply:</p> |
| 88 | + |
| 89 | +<p> |
| 90 | + 1. <u>Ownership</u>. As between Zend and the Association, Zend shall retain all rights, title and interest in |
| 91 | + and to the Zend Engine, including but not limited to, all patents, copyrights, trade secret rights, and any |
| 92 | + other intellectual property rights inherent therein or appurtenant thereto. The Association will not delete or |
| 93 | + alter any intellectual property rights or license notices appearing on the Zend Engine and will reproduce and |
| 94 | + display such notices on each copy it makes of the Zend Engine. The Association's rights in and to the Zend |
| 95 | + Engine are limited to those expressly granted in this Letter. All other rights are reserved by Zend. |
| 96 | +</p> |
| 97 | + |
| 98 | +<p> |
| 99 | + 2. <u>Trademarks</u>. The Association may display Zend's trademarks and trade names in connection with |
| 100 | + the marketing and distribution of PHP (as integrated with the Zend Engine), subject to Zend's then-current |
| 101 | + trademark policies. Without limitation of the foregoing, the advertisement or other marketing material used |
| 102 | + by the Association shall not misrepresent any of the technical features or capabilities of the Zend Engine. |
| 103 | +</p> |
| 104 | + |
| 105 | +<p> |
| 106 | + 3. <u>DISCLAIMER OF WARRANTY</u>. THE ASSOCIATION ACKNOWLEDGES THAT THE ZEND ENGINE IS BEING LICENSED HEREUNDER ON |
| 107 | + AN "AS-IS" BASIS WITH NO WARRANTY WHATSOEVER. THE ASSOCIATION ACKNOWLEDGES THAT ITS USE AND DISTRIBUTION OF THE ZEND |
| 108 | + ENGINE AND THE INTEGRATED PRODUCT IS AT ITS OWN RISK. ZEND AND ITS LICENSORS MAKE, AND THE ASSOCIATION RECEIVES, NO |
| 109 | + WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. ZEND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, |
| 110 | + FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT: ZEND DOES NOT WARRANT THAT THE OPERATION OF THE ZEND ENGINE |
| 111 | + OR THE INTEGRATED PRODUCT SHALL BE OPERABLE, UNINTERRUPTED OR ERROR FREE OR THAT IT WILL FUNCTION OR OPERATE IN |
| 112 | + CONJUNCTION WITH ANY OTHER PRODUCT, INCLUDING, WITHOUT LIMITATION, PHP OR ANY VERSION THEREOF. |
| 113 | +</p> |
| 114 | + |
| 115 | +<p> |
| 116 | + 4. <u>LIMITATIONS OF LIABILITY</u>. IN NO EVENT WILL ZEND BE LIABLE TO THE ASSOCIATION, END USERS OF PHP OR ANY |
| 117 | + OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LETTER, WHETHER |
| 118 | + BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ZEND |
| 119 | + HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITATION OF THE FOREGOING, UNDER NO CIRCUMSTANCES |
| 120 | + SHALL ZEND'S TOTAL AGGREGATE LIABILITY UNDER THIS LETTER TO ALL PARTIES, IN THE AGGREGATE, EXCEED ONE HUNDRED |
| 121 | + DOLLARS ($100). The parties have agreed that the limitations specified in this Section will survive and apply even |
| 122 | + if any limited remedy specified in this Letter is found to have failed of its essential purpose. |
| 123 | +</p> |
| 124 | + |
| 125 | +<p> |
| 126 | + 5. <u>GENERAL</u>. The Association may not assign this Letter, by operation of law or otherwise in whole |
| 127 | + or in part, without Zend's written consent. Any attempt to assign this Letter without such consent will be |
| 128 | + null and void. This Letter will bind and inure to the benefit of each party's permitted successors and assigns. |
| 129 | + This Letter will be governed by and construed in accordance with the laws of the State of New York. Any |
| 130 | + suit hereunder will be brought solely in the federal or state courts in New York State, New York County and |
| 131 | + both parties hereby submit to the personal jurisdiction thereof. If any provision of this Letter is found |
| 132 | + invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other |
| 133 | + provisions of this Letter will remain in force. All notices under this Letter will be deemed given when |
| 134 | + delivered personally, sent by confirmed facsimile transmission, or sent by certified or registered U.S. mail or |
| 135 | + nationally-recognized express courier, return receipt requested, to the address shown above or as may |
| 136 | + otherwise be specified by either party to the other in accordance with this section. The parties to this Letter |
| 137 | + are independent contractors. There is no relationship of partnership, joint venture, employment, franchise, |
| 138 | + or agency between the parties. Neither party will have the power to bind the other or incur obligations on |
| 139 | + the other's behalf without the other's prior written consent. No failure of either party to exercise or enforce |
| 140 | + any of its rights under this Letter will act as a waiver of such rights. This Letter and its attachment are the |
| 141 | + complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding |
| 142 | + and replacing any and all prior agreements, communications, and understandings (both written and oral) |
| 143 | + regarding such subject matter. This Letter may only be modified, or any rights under it waived, by a written |
| 144 | + document executed by both parties. |
| 145 | +</p> |
| 146 | + |
| 147 | +<p> |
| 148 | + If the foregoing is acceptable to you, please sign this and the duplicate original of this Letter where |
| 149 | + indicated below and return it to me at the above address. |
| 150 | +</p> |
| 151 | + |
| 152 | +<p> |
| 153 | + Sincerely,<br> |
| 154 | + ZEND TECHNOLOGIES, LTD. |
| 155 | +</p> |
| 156 | + |
| 157 | +<?php site_footer(['sidebar' => $SIDEBAR_DATA]); |
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