new license to review
nelson at crynwr.com
Fri May 7 04:07:59 UTC 1999
Yes, sigh, someone has Yet Another Open Source License (YAOSL) to
THIS LICENSE ALLOWS ONLY THE LIMITED USE OF FOOBAR SOFTWARE,
INC. PROPRIETARY CODE. PLEASE CAREFULLY READ THIS AGREEMENT AS IT
PERTAINS TO THE SCOPE OF USE YOU ARE ALLOWED UNDER THIS LICENSE. BY
AGREEING TO THIS LICENSE, YOU CERTIFY THAT YOU WILL USE THE SOFTWARE
ONLY IN THE MANNER PERMITTED HEREIN.
``Documentation'' means any documentation Foobar includes with the
``Foobar'' means Foobar Software, Inc.
``License'' means this document.
``Modifications'' means any addition to or deletion from the substance
or structure of either the Original Code or any previous
``Original Code'' means the Source Code to Foobar's proprietary
computer software entitled Foobar WebServer.
"Response Header" means the first portion of the response message
output by the Foobar WebServer, containing but not limited to, header
fields for date, content-type, server identification and cache
"Server Identification Field" means the field in the Response Header
which contains the text "Server: Foobar"
``You'' 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. 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
fifty percent (50%) or more of the outstanding shares or beneficial
ownership of such entity.
Source Code License.
Limited Source Code Grant. Foobar hereby grants You a world-wide,
royalty-free, non-exclusive license, subject to third party
intellectual property claims, to use, reproduce, modify, copy and
distribute the Original Code.
Binary Code. Foobar hereby grants You a world-wide, royalty-free,
non-exclusive license to copy and distribute the binary code versions
of the Original Code together with Your Modifications.
License Back to Foobar. You hereby grant in both source code and
binary code to Foobar a world-wide, royalty-free, non-exclusive
license to copy, modify, display, use and sublicense any Modifications
You make that are distributed or planned for distribution. Within 30
days of either such event, You agree to ship to Foobar a file
containing the Modifications (in a media to be determined by the
parties), including any programmers' notes and other programmers'
materials. Additionally, You will provide to Foobar a complete
description of the product, the product code or model number, the date
on which the product is initially shipped, and a contact name, phone
number and e-mail address for future correspondence. Foobar will
keep confidential all data specifically marked as such.
Restrictions on Use. You may sublicense Modifications to third
parties such as subcontractors or OEM's provided that You enter into
license agreements with such third parties that are substantially
similar in scope and application to this Agreement.
Term. This Agreement and license are effective from the time You
accept the terms of this Agreement until this Agreement is
terminated. You may terminate this Agreement at any time by
uninstalling or destroying all copies of the Original Code including
any and all binary versions and removing any Modifications to the
Original Code existing in any products. This Agreement will terminate
immediately and without further notice if You fail to comply with any
provision of this Agreement. All restrictions on use, and all other
provisions that may reasonably be interpreted to survive termination
of this Agreement, will survive termination of this Agreement for any
reason. Upon termination, You agree to uninstall or destroy all copies
of the Original Code, Modifications, and Documentation.
Trademarks and Brand.
License and Use. Foobar hereby grants to You a limited world-wide,
royalty-free, non-exclusive license to use the Foobar trade names,
trademarks, logos, service marks and product designations listed in
Exhibit A (collectively, the ``Foobar Marks'') in connection with the
activities by You under this Agreement. Additionally, Foobar grants
You a license under the terms above to such Foobar trademarks as
shall be identified at a URL (the ``URL'') provided by Foobar. The
use by You of Foobar Marks shall be in accordance with Foobar's
trademark policies regarding trademark usage as established at the web
site designated by the URL, or as otherwise communicated to You by
Foobar at its sole discretion. You understand and agree that any use
of Foobar Marks in connection with this Agreement shall not create
any right, title or interest in or to such Foobar Marks and that all
such use and goodwill associated with Foobar Marks will inure to the
benefit of Foobar.
Promotion by You of Foobar WebServer Mark. In consideration for the
licenses granted by Foobar to You herein, You agree to promote the
Original Code by prominently and visibly displaying a graphic of the
Foobar WebServer mark on the initial web page of Your product that is
displayed each time a user connects to it. In addition, You may
further promote the Original Code by displaying the Foobar WebServer
mark in marketing and promotional materials such as the home page of
your web site or web pages promoting the product. In further
consideration of this license, Foobar may use your company name in
conjunction with its own marketing efforts.
Placement of Copyright Notice by You. You agree to include copies of
the following notice (the ``Notice'') regarding proprietary rights in
all copies of the products that You distribute, as follows: 1)
embedded in the object code; and 2) on the title pages of all
documentation. Furthermore, You agree to use commercially reasonable
efforts to cause any licensees of Your products to embed the Notice in
object code and on the title pages or relevant documentation. The
Notice is as follows: Copyright (c) 19xx Foobar Software, Inc. All
Rights Reserved. Unless Foobar otherwise instructs, the year 19xx is
to be replaced with the year during which the release of the Original
Code containing the notice is issued by Foobar. If this year is not
supplied with Documentation, Foobar will supply it upon request.
No modifications to Server Identification Field. You agree not
toremove or modify the Server Identification Field contained in the
ResponseHeader as defined in Section 1.6 and 1.7.
Warranty Disclaimers THE ORIGINAL CODE, THE DOCUMENTATION AND THE
MEDIA UPON WHICH THE ORIGINAL CODE IS RECORDED (IF ANY) ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk
as to the quality and performance of the Original Code (including any
Modifications You make) and the Documentation is with You. Should the
Original Code or the Documentation prove defective, You (and not
Foobar or its distributors, licensors or dealers) assume the entire
cost of all necessary servicing or repair. Foobar does not warrant
that the functions contained in the Original Code will meet your
requirements or operate in the combination that You may select for
use, that the operation of the Original Code will be uninterrupted or
error free, or that defects in the Original Code will be corrected. No
oral or written statement by Foobar or by a representative of Foobar
shall create a warranty or increase the scope of this warranty.
FOOBAR DOES NOT WARRANT THE ORIGINAL CODE AGAINST INFRINGEMENT OR THE
LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR
OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT
THE ORIGINAL CODE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR
OTHER SOFTWARE DESIGNED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE,
ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY
OTHER SUCH ACTIONS.
Any warranties that by law survive the foregoing disclaimers shall
terminate ninety (90) days from the date You received the Original
Limitation of Liability YOUR SOLE REMEDIES AND FOOBAR'S ENTIRE
LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL FOOBAR OR ITS
DISTRIBUTORS OR DEALERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE ORIGINAL CODE, THE
INABILITY TO USE THE ORIGINAL CODE, OR ANY DEFECT IN THE ORIGINAL
CODE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
You agree that Foobar and its distributors and dealers will not be
liable for defense or indemnity with respect to any claim against You
by any third party arising from your possession or use of the Original
Code or the Documentation.
In no event will Foobar's total liability to You for all damages,
losses, and causes of action (whether in contract, tort, including
negligence, or otherwise) exceed the amount You paid for this product.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE
Indemnification by You. You agree to indemnify and hold Foobar
harmless against any and all claims, losses, damages and costs
(including legal expenses and reasonable counsel fees) arising out of
any claim of a third party with respect to the contents of the Your
products, and any intellectual property rights or other rights or
interests related thereto.
High Risk Activities. The Original Code is not fault-tolerant and is
not designed, manufactured or intended for use or resale as online
control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of the
Original Code could lead directly to death, personal injury, or severe
physical or environmental damage. Foobar and its suppliers
specifically disclaim any express or implied warranty of fitness for
any high risk uses listed above.
Government Restricted Rights. For units of the Department of Defense,
use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS
252.227-7013. Contractor/manufacturer is Foobar Software, Inc.,10900
N.E. 8th Street, Suite 750, Bellevue, Washington 98004.
If the Commercial Computer Software Restricted rights clause at FAR
52.227-19 or its successors apply, the Software and Documentation
constitute restricted computer software as defined in that clause and
the Government shall not have the license for published software set
forth in subparagraph (c)(3) of that clause.
The Original Code (i) was developed at private expense, and no part of
it was developed with governmental funds; (ii) is a trade secret of
Foobar (or its licensor(s)) for all purposes of the Freedom of
Information Act; (iii) is "restricted computer software" subject to
limited utilization as provided in the contract between the vendor and
the governmental entity; and (iv) in all respects is proprietary data
belonging solely to Foobar (or its licensor(s)).
Governing Law and Interpretation. This Agreement shall be interpreted
under and governed by the laws of the State of Washington, without
regard to its rules governing the conflict of laws. If any provision
of this Agreement is held illegal or unenforceable by a court or
tribunal of competent jurisdiction, the remaining provisions of this
Agreement shall remain in effect and the invalid provision deemed
modified to the least degree necessary to remedy such invalidity.
Entire Agreement. This Agreement is the complete agreement between
Foobar and You and supersedes all prior agreements, oral or written,
with respect to the subject matter hereof.
If You have any questions concerning this Agreement, You may write to
Foobar Software, Inc., 1 Microsoft Way, Redmond
WA 98502 or send e-mail to info at foobar.com
BY CLICKING ON THE ``Register'' BUTTON ON THE REGISTRATION FORM, YOU
ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET
FORTH IN THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS LICENSE OR
YOU DO NOT QUALIFY FOR A LICENSE BASED ON THE TERMS SET FORTH ABOVE,
YOU MUST NOT CLICK THE ``Registration'' BUTTON.
-russ nelson <rn-sig at crynwr.com> http://crynwr.com/~nelson
Crynwr supports Open Source(tm) Software| PGPok | There is good evidence
521 Pleasant Valley Rd. | +1 315 268 1925 voice | that freedom is the
Potsdam, NY 13676-3213 | +1 315 268 9201 FAX | cause of world peace.
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