Simple Public License, third draft

Thu Sep 30 16:08:43 UTC 1999

Hi Bruce,

Are you happier with this draft? I removed the langage relating to 
purpose. I've sent a copy of it to a lawyer or review now, and hope 
to be able to start using it, and promoting its use, soon.

Justin

- - - -

                             Simple Public License 

                             (c) 1999 Justin Wells
                              All Rights Reserved

 This license lets you use our software for free, create freely available
 modified versions of it, and sell non-free binary applications based on
 it. In return, you have to give us credit. Since our software is free,
 there is no warranty, and we accept no liability. This paragraph is not
 legally binding, the actual terms of the license follow.

1. DEFINITION OF WHAT AND WHO:

   "Our software" refers to the work covered by this license, including
   all programs, source code, files, examples, APIs, designs, documentation,
   and other materials it consists of. "We", "us", and "our" refer to the
   owners of our software. "You" and "your" refer to each licensee.

2. DEFINITION OF "BASIC RIGHTS" AND OTHER TERMS:

   The "basic rights" to software are defined to be:

     The right to use, copy, reproduce, distribute, display, perform, and
     sublicense verbatim copies of the software, and to charge a fee for
     doing so; and the right to derive a "binary application" or "modified
     version" of the software, and to have these basic rights to it.

     These basic rights are world-wide, royalty-free, non-exclusive, and
     include a limited grant under any patent right, trademark, or copyright
     that applies to the software, minimally sufficient to allow full
     enjoyment of the other basic rights.

   A "binary application" of some original software is defined to be: Any
   executable program created by "compiling" or "linking" separate source
   materials with a verbatim copy of the original, without patching or
   otherwise altering the original aside from the transformations ordinarily
   performed by standard compilers and linkers.

   A "modified version" of some original software is defined to be: (1)
   Any software derived from the original, such as a software library or
   application builder, whose output or product consists of an executable
   program or software library which itself includes material from the
   original; and (2) any work, excluding "binary applications", created
   by adding to, deleting from, editing, or otherwise altering material
   from either the original or from a work derived from the original.

   "Compiling", "linking", "patching", "software library", "application
   builder", "source code", etc., are technical terms which have the
   meanings that typical computer programmers would expect them to.

3. YOUR RIGHTS AND OBLIGATIONS:

   We grant you the above "basic rights" to our software, limited by (and
   conditional upon your fulfilling) the following obligations.

   You will credit us in the primary documentation of any work derived
   from our software, describing how to obtain our software for free. You
   must also include a copy of this license when you distribute material 
   covered by it.

   If you create, perform, or distribute a "modified version" of our
   software you agree that:

     a) Your modified version will be licensed as a whole at no charge 
        and without restriction to all third parties under the terms of 
        this license, and if distributed, will include all source code.

     b) You will not cause your modified version to become dependent on
	additional software unless that additional software is also freely
	available to the public under a license which grants everyone the
	above basic rights. Software is "dependent on" other software if
	it is fully functional only when that other software is present.

     c) You will provide us with timely access to your modifications,
	including all source code, in a convenient electronic form. 

   These obligations do not apply to copies of software that you place
   under the GNU General Public License, version 2 or any later version,
   as published by the Free Software Foundation. 

4. GENERAL:

   You may not copy, distribute, display, perform, sublicense, or modify
   our software except as expressly provided under this license: Any other
   attempt to do so is void and will automatically terminate all your
   rights to our software, as will any failure to fulfill your obligations
   under this license, unless you cure such failure to comply within thirty
   days of becoming aware of it. 

   However, we will permit you to continue distributing our software
   as part of an aggregate collection for one further year, even
   though recipients of it may not receive any rights; and the
   rights of any third party who received an unmodified, verbatim
   copy of our software from you shall survive termination.

   Litigation relating to this license will be subject to the laws of
   our state or province, with venue lying in our local region. Nothing
   in this license will be interpreted strictly against us. If any part
   of this license is ruled invalid, the rest shall remain in effect.

5. NO WARRANTY AND NO LIABILITY:

   Use our software at your own risk: it may contain bugs, may fail to
   function correctly, and has been provided without support or maintenance
   of any kind.

   There is NO WARRANTY for our software: it is licensed to you on an "AS 
   IS" basis, without even the implied warranties of fitness to purpose or
   merchantability. Under no circumstance will we be held liable for damages 
   arising from the use, misuse, or inability to use our software, no matter 
   whether they are direct, indirect, special, incidental, or economic
   consequential damages, or for damages resulting from a third party
   claim, even if we have been advised of the possibility of such damages.