Request for approval: IPL 1.0
Ralf Schwoebel
puzzler at intradat.com
Mon Jan 15 17:09:51 UTC 2001
Hi Everybody,
hereby we release our OpenSource license as announced in the last
Open magazine. We are sure that we fullfill the basics from the
http://www.opensource.org/osd.html
page, but we already got some feedback like:
"...there is no need for an additional license..."
from the german jurisdiction point of view, we totally disagree.
We kindly ask for serious comments.
--
best regards,
Ralf "puzzler" Schwoebel
CEO, intraDAT international inc.
11250 Roger Bacon Drive (#3)
Reston, VA 20190
Tel.: 703 796 0000
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intraDAT Public License
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Please read this Agreement carefully before using, copying, modifying or
distributing the intraDAT Public License Code ("IPL Code"). It will only
be
licensed to you if you first accept the terms of this Agreement. By
using,
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works based
on it. Nothing other than this license grants you permission to use,
copy,
modify or distribute the IPL Code or its derivative works. If you do not
agree
to the terms of this Agreement, promptly notify the provider of the IPL
Code
and delete the IPL Code and all copies of the IPL Code immediately from
any of
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License
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Note: This license is not identical to any of the GNU Licenses published
by
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those
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Copyright of this Text: intraDAT, Wilhelm-Leuschner-Straße 9-11, 60329
Frankfurt am Main, Germany and Alexander Eichler, Graf von Westphalen
Fritze &
Modest, Marsstraße 33, 80335 München
1. Definition
1.1. "Distribution" means to copy the IPL Code in part or total for or
to one
or several third parties. This includes both the active copying (e.g. in
form
of a transmission) as well as to place the IPL Code in part or total at
the
disposal of third parties (e.g. ftp server or CD-Rom).
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intraDAT.
1.3. "Documentation" means the documentation given in electronic or
paper form
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language.
There is no obligation for any other language, but parts of the
Documentation
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licensed
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User will
find the exact definition of "IPL Code" in form of program names and
version
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of the
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source
code means all the source code for all modules it contains, plus any
associated
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distributed need
not include anything that is normally distributed (in either source or
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operating
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different
from intraDAT and anybody else acting in behalf of intraDAT.
1.7. "Modifications" means any changes made to IPL Code.
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international
law.
2.2. For the IPL Code and Documentation intraDAT hereby grants you a
world-wide, non-exclusive license, subject to third party intellectual
property
claims:
(a) to use, reproduce, modify, display, and perform the IPL Code
and/or
Documentation; and
(b) to use parts of the IPL Code in your own software you shall always
state
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directly or
indirectly from intraDAT, always giving the address www.intradat.com
and you
have to apply this intraDAT Public License for the program in total as
long
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license
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make,
have made and use ("Utilize") the IPL Code (or portions thereof), but
solely
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extent
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or
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IPL Code from intraDAT. Please refer to www.intradat.com, where there
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concerning
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you are
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way
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This
clause shall only be applicable for IPL Code which includes code for
License
Keys or for such code for which on www.intradat.com is stated a License
Key is
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Source Code.
intraDAT may - on its own and sole decision - offer developer to
participate
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adapt
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without
using external resources. The IPL Code is royalty-free for Users who
uses
parts of the IPL Code for their own software by themselves and for their
own
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Value
Added Resellers (VAR's), VShop-Partner and other service provider who
perform
any service (e.g. customising or renting in any form) for third parties
using
the IPL Code have to pay license fees to intraDAT. Also everybody who
uses
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or with
external resources, shall have to pay a license fee to intraDAT. In
these cases
different License Agreements are applicable, please refer to
www.intradat.com.
intraDAT shall have the option to decide on its own if parts of the IPL
code
shall be royalty-free at all.
5.3. intraDAT shall also be entitled to claim any compensation for
damage and
any claim for omission against any third party which infringe any right
under
this license on its own and sole decision.
6. Distribution / using parts of the IPL Code in your own software
6.1. You may distribute copies of the complete IPL Code and
Documentation with
or without modifications or additions. If you want to distribute the IPL
Code
and / or Documentation with modifications or additions you have to
include the
complete unchanged IPL Code and unchanged Documentation.
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additions) related to the IPL Code without parts of IPL Code or the
complete
IPL Code.
6.3. In each case of distribution or using parts of the IPL Code in your
own
software, you must meet all of the following conditions with respect to
the
distribution of any work based on the IPL Code or Documentation which is
distributed under this license:
6.3.1. If you have modified the code, you must cause your work to carry
prominent notices stating who has modified the code, and the date of any
change. You shall also state which part of the code were modified in a
way that
reasonably allows to identify modification;
6.3.2. If you have modified the code, you must add at least the above
mentioned
information and a description of the added functionality in the
Documentation
at the relevant point in English language. You may also add some more
explanation and/or information in other languages.
6.3.3. You are not allowed to modify, delete or suspend the IPL code
concerning
the License Key. You have to include this part in your own software if
you use
any part of the IPL Code in your own software unless you have written
consent by
intraDAT to leave the License Key part of the IPL Code out (see 3.3).
6.3.4. You must accompany any such work with the complete corresponding
machine-readable Source Code, delivered on a medium customarily used for
software interchange or make it available online for at least five (5)
year's;
6.3.5. You shall always use the newest Version of the IPL Code;
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products,
service and support of intraDAT in whole, part, temporarily or
constantly;
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prominent
written indication that the IPL Code and the work based on the IPL Code
is
covered by this License and written instructions for printing and/or
displaying
the copy of the License on the distribution medium; you shall not use
any
different license for the IPL Code and any derived work, except if you
have
written consent to do so by intraDAT;
6.3.8. You must include a prominent indication that the IPL Code was
developed
and is copyrighted by intraDAT including the URL www.intradat.com;
6.3.9. You shall not impose any further restrictions on the recipient's
exercise of the rights granted herein. If distribution of executable or
object
code is made by offering the equivalent ability to copy from a
designated
place, then offering equivalent ability to copy the Source Code from the
same
place counts as distribution of the Source Code;
6.3.10. You have to inform yourself about possible copyright
infringements on
www.intradat.com.
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licenses
to the intellectual property of intraDAT or anybody else under this
Agreement,
whether expressly, by implication or otherwise. All rights in the IPL
Code not
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otherwise to
copy, modify, sublicense or distribute the IPL Code is void, and will
automatically revoke the User's rights under this License. However,
parties who
have received copies, or rights, from this User under this License will
not
have their licenses terminated so long as such parties remain in full
compliance.
6.5. If the distribution and/or use of the software is restricted in
certain
countries for any reason, intraDAT may add an explicit geographical
distribution or use limitation excluding or restricting those countries,
so
that distribution or use is permitted only in or among countries not
excluded
or distribution or use is restricted in such countries. In such case,
this
License incorporates the limitation as if written in the body of this
License.
6.6. Distributors of software may accept certain responsibilities with
respect
to end users, business partners and the like. While this license is
intended to
facilitate the use of the IPL Code, the Distributor should act in a
manner
which does not create potential liability for intraDAT or any third
party.
Therefore Distributor and anybody who uses parts of the IPL Code in his
own
software hereby agrees to defend and indemnify intraDAT and any third
party
("Indemnified Contributor") against any losses, damages and costs
(collectively
"Losses") arising from claims, lawsuits and other legal actions brought
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acts or omissions of such Distributor or such developer in connection
with its
distribution of the IPL Code (unmodified, modified or with additions) or
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use of parts of the IPL Code.
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Indemnified
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writing of such claim, and b) promptly notify intraDAT in writing of
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for
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royalty-free
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shall
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concentrate all such relevant data in one document in the distribution,
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No assurances are provided by intraDAT that the IPL Code or any
modifications
or additions by third parties does not infringe the patent or other
intellectual property rights of any other entity. intraDAT disclaims
any
liability - except of wilful deceit - for claims brought by any other
entity
based on infringement of intellectual property rights or otherwise. As
a
condition to exercising the rights and licenses granted hereunder,
each User
hereby assumes sole responsibility to secure any other intellectual
property
rights needed, if any, except in case of wilful deceit of intraDAT.
For
example, if a third party patent license is required to distribute the
IPL
Code, it is User's responsibility to acquire that license before
distributing
the IPL Code.
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8.1. Nobody shall apply for a patent (a) based on the IPL Code or any
part of
it or (b) to any other work related to the IPL Code.
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respect to
a patent applicable to software (including a cross-claim or counterclaim
in a
lawsuit), or if somebody institutes patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that the
IPL
Code itself (excluding combinations of the Original code with other
software or
hardware) infringes patent(s), then any patent licenses granted to such
person
or entity under this Agreement shall terminate as of the date such
litigation
is filed.
8.3. This license is automatically revoked if User applies for a patent
based
on the IPL Code or any part of it or to any other work related to the
IPL Code
This license is automatically revoked if User applies for a brand which
is in
any way related to intraDAT.
8.4. Any patent from any party different from intraDAT which is based on
the
IPL Code or any part of it or to any other work related to the IPL Code
shall
be offered to intraDAT immediately after the application for the patent
is
filed, at least when the patent is granted for cost-price. The same
shall apply
to any brand for which User applies as far as such a brand is related in
any
way to intraDAT.
9. Warranty
Except as expressly set forth in this agreement, the IPL Code is
provided on
an "as is" basis, without warranties or conditions of any kind, either
express or implied including, without limitation, any warranties or
conditions of title, non-infringement e.g. of third party rights,
merchantability or fitness for a particular purpose, as far as no
wilful
deceit of intraDAT or any third party is given. Each Recipient is
solely
responsible for determining the appropriateness of using the IPL Code
and
assumes all risks associated with its exercise of rights under this
Agreement, including but not limited to the risks and costs of program
errors, compliance with applicable laws, damage to or loss of data,
programs
or equipment, and unavailability or interruption of operations.
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Except as expressly set forth in these clauses, intraDAT or any third
party
shall have no liability for any direct, indirect, incidental, special,
exemplary, or consequential damages (including without limitation lost
profits or data), however caused and on any theory of liability,
whether in
contract, strict liability, or tort (including negligence or
otherwise)
arising in any way out of the use or inability to use or distribution
of the
IPL Code or the exercise of any rights granted hereunder, even if
advised of
the possibility of such damages. The foregoing shall not apply in case
of
intent or gross negligence.
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All rights under this Agreement shall be revoked if User or
Distributor
fails to comply with any of these terms or conditions and does not
cure
such failure in a reasonable period of time after becoming aware of
such
noncompliance. If rights under this Agreement terminate, User and
Distributor agrees to cease use and distribution of the IPL Code as
soon as
reasonably practicable. However, User's or Distributor's obligations
under
this Agreement shall continue and survive. Third Parties who have
received
copies, or rights, from this User under this License will not have
their
licenses terminated so long as such parties remain in full compliance.
12. General
12.1. In the event that any one or more of the provisions contained in
this
Agreement should be held invalid, illegal or unenforceable in any
respect, the
validity, legality and enforceability of the remaining provisions shall
not be
affected or impaired. The provisions shall be substituted by one or
several
provisions which, to the greatest extent possible shall reflect the
economic
objectives, meaning and intention of the parties.
12.2. intraDAT may publish revised and/or new versions of the intraDAT
Public
License from time to time. Each version is given a distinguishing
version
number. If the IPL Code does not specify a version number of the License
the
version of intraDAT Public License shall apply which was originally
given with
that version of the IPL Code. If the IPL Code does specify a version
number of
this License which applies to it, the version of the intraDAT Public
License
with that version number shall apply. If the IPL Code says "any later
version", the newest version of the intraDAT Public License shall apply.
12.3. This Agreement shall be governed by, and construed in accordance
with the
laws of Germany. The application of the Hague Convention on the right
applicable to the international Sale of Goods and the Convention on
Contracts
for the international Sale of Goods (UNCTRAL Convention) will be
excluded.
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