A new open source license

Tue May 11 14:30:57 UTC 1999

[ an anonymized license -russ ]

NOTES.

These notes do not form part of the license.

Preamble.  This explains why we have created a new license.  The license is
based on the NPL version 1.1, with some definitions from the GNU LGPL.  The
preamble will be included in the license.

Section 1.4.  We've used Apple's definition of "Deployment" instead of
Netscape's definition of "Commercial Use", because it seems more complete.

Section 1.7A.  This definition is the key to making the library usable by
application developers without restriction.  The definition is taken from
the GNU LGPL, apart from the last clause, which is covering a possible
loophole in the GNU definition.

Section 1.7B.  This definition is ours.  It uses the phrase "any other
work" to ensure that all Larger Works are covered by these two definitions.

Section 1.8.  This definition is from the GNU LGPL. 

Section 1.11C.  The intention here is to cover any modifications, provided
that they are part of the library itself rather than an application to
which it is linked.  If Contributors find this clause too restrictive, they
can put new files into a new library of their own.

Sections 3.2 and 3.6.  The key differences from the NPL 1.1 are in the
opening sentences of these paragraphs.

XXX LIBRARY PUBLIC LICENSE
Version 1.0

------------------------------------------------------------------------

Preamble.

This license permits the use and distribution of the source code for
certain XXX libraries under terms intended to satisfy the Open Source
Definition (http://www.opensource.org/osd.html).

This license sets the terms and conditions for distribution of these
libraries either:
- as source code, or
- as compiled libraries for use with programs such as development tools.

These terms and conditions require, among other things, that any such
distribution involve the preservation of the copyright notice and license
terms, identification of all modifications, and a declaration of no
warranty.  They also provide for use of XXX's trade names and trade marks
in any distribution and govern their use in any advertising, publicity, or
other such public use.

This license allows the distribution of these libraries in binary form
without requiring the distribution of source code, provided such libraries
are distributed as part of a larger application, other than development
tools, as further set forth below.  In this respect it is unlike most open
source agreements, which require that the source be made available with all
binary distributions.

You are not required to accept this license, since you have not signed it.
However, nothing else grants you permission to modify or distribute any
code, library, or any derivative works thereof. These actions are
prohibited by law if you do not accept this license. Therefore, by using,
modifying or distributing any code, library (or any work based on the
code), you indicate your acceptance of the License set forth below, and all
its terms and conditions for copying, distributing or modifying such Code,
library, or works based on them.

1. Definitions. 

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.  ``Deploy" means to use, sublicense or distribute Covered Code other
than for Your internal research and development (R&D), and includes without
limitation, any and all internal use or distribution of Covered Code within
Your business or organization except for R&D use, as well as direct or
indirect sublicensing or distribution of Covered Code by You to any third
party in any form or manner.

1.5. ``Developer'' means XXX, or its affiliates or licensors, as applicable. 

1.6. ``Electronic Distribution Mechanism'' means a mechanism generally
accepted in the software development community for the electronic transfer
of data. 

1.7. ``Executable'' means Covered Code in any form other than Source Code. 

1.8. ``Larger Work'' means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License. There are two
forms of Larger Work relevant to this license:

A. A work that Uses Covered Code means software that contains no derivative
of any portion of the Covered Code, but is designed to work with the
Covered Code by being compiled or linked with it, and is not and has no
ability to link to other application programs.

B. A work that Includes Covered Code means any other work, including, but
not limited to, one that is intended to make Covered Code available as a
Library to users of the Larger Work, whether by aggregation, re-export of
functionality, or any other method.

1.9.  ``Library'' means a collection of software functions and/or data
prepared so as to be linked with application programs (which use some of
those functions and data) to form executables. 

1.10. ``License'' means this document. 

1.11. ``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

1.12. ``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. 

C. Any new file that extends the operation of the Covered Code, as part of
the same Library.

1.13. ``Original Code'' means Source Code of computer software code 
identified under this License, excluding Modifications.

1.14. ``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. 

1.15. ``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 a list of 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. 

1.16. ``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 5.1. 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 fifty percent (50%) or more of the outstanding shares or
beneficial ownership of such entity. 

2. Source Code License. 

2.1. License Grant. 
The Developer and each Contributor 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  Developer to use, reproduce, modify, display, perform,
sublicense and distribute the Original Code (or portions thereof) with or
without Modifications, alone 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 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 Deploys 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
5.1, 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 distribution of Covered Code as a Library, or as part of a Larger Work
that Includes the Covered Code, must include the full Source Code for that
Covered Code 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
Developer and including the name of the 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 party claims an intellectual property
right in particular functionality or code (or its utilization under this
License), 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 You make 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 Modification is an application programming interface and
Contributor owns or controls patents 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), 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,
and this License in any documentation for the Source Code, where You
describe recipients' rights relating to Covered Code. If You created one or
more Modification(s), You may add your name as a Contributor to the notice
described in Exhibit A. 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 file) where a user
would be likely to look for such a notice. 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 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 Developer and every Contributor for any liability incurred by
the Developer or such Contributor as a result of warranty, support,
indemnity, liability or other additional terms You offer. 

3.6. Distribution of Executable Versions. 
You may distribute Covered Code in Executable form only as part of a Larger
Work that Uses the Covered Code without restriction.  Otherwise 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 only 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 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 Developer or any Contributor. You hereby agree to
indemnify the Developer and every Contributor for any damages or liability
incurred by the  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. Application of this License. 

This License applies to code to which the Developer has attached the notice
in Exhibit A, and to related Covered Code. 

You may not copy, modify, sublicense, link with, or distribute the code
except as expressly provided under this License. Any attempt otherwise to
copy, modify, sublicense, link with, or distribute the code is void, and
will automatically terminate your rights under this License. However,
parties who have received copies, or rights, from you under this License
will not have their licenses terminated so long as such parties remain in
full compliance. 

5. Versions of the License. 

5.1. New Versions. 
XXX may publish revised and/or new versions of the License from time to
time. Each version will be given a distinguishing version number. 

5.2. 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 XXX. No one other than XXX
has the right to modify the terms applicable to Covered Code created under
this License. 

5.3. 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 phrase XXX
or any confusingly similar phrase do not appear anywhere in your license
and (b) otherwise make it clear that your version of the license contains
terms which differ from the XXX Library Public License.

6. 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
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. 

7. TERMINATION. 

7.1  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. 

7.2. If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Developer or a Contributor
(the 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/or
2.2(b) are revoked effective as of the date You first made, used, sold,
distributed, or had made, Modifications made by that Participant. 

7.3. 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. 

7.4. In the event of termination under Sections 7.1 or 7.2 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.

8. LIMITATION OF LIABILITY. 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE DEVELOPER, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER 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 THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 

9. U.S. GOVERNMENT END USERS. 

All Covered Code is commercial computer software program developed at
private expense and is subject to the following Restricted Rights Legend:
"Use, duplication, or disclosure by the United States Government is subject
to restrictions as set forth in (i) FAR 52.227-14 Alt III or (ii) FAR
52.227-19, as applicable.  Use by agencies of the Department of Defense
(DOD) is subject to XXX's customary commercial license terms, contained in
this License, in accordance with DFAR 227.7202-1 (a).  For purposes of the
FAR, the Software shall be deemed to 'unpublished' and licensed with
disclosure prohibitions, rights reserved under the copyright laws of the
United States.  XXX"

10. 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 the laws of XXX, excluding
its conflicts of law provisions.  The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly
excluded.

11. RESPONSIBILITY FOR CLAIMS. 

Except in cases where another Contributor has failed to comply with Section
3.4, You are responsible for damages arising, directly or indirectly, out
of Your utilization of rights under this License, based on the number of
copies of Covered Code you made available, the revenues you received from
utilizing such rights, and other relevant factors. You agree to work with
affected parties to distribute responsibility on an equitable basis. 

12. MULTIPLE-LICENSED CODE. 

Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Developer permits
you to utilize portions of the Covered Code under Your choice of the XXXLPL
or the alternative licenses, if any, specified by the Developer in the file
described in Exhibit A.

EXHIBIT A. -- XXX Library Public License.

``The contents of this file are subject to the XXX Library Public License
Version 1.0 (the "License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at XXX.

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. 

Alternatively, the contents of this file may be used under the terms of the
[_____] license (the "[___] License"), in which case the provisions of
[______] License are applicable instead of those above. If you wish to
allow use of your version of this file only under the terms of the [____]
License and not to allow others to use your version of this file under the
HLPL, indicate your decision by deleting the provisions above and replace
them with the notice and other provisions required by the [___] License. If
you do not delete the provisions above, a recipient may use your version of
this file under either the HLPL or the [___] License." 

-- 
-russ nelson <rn-sig at crynwr.com>  http://crynwr.com/~nelson
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