Intel's proposed BSD + Patent License

Tue Oct 30 16:40:02 UTC 2001

[  Please review this license.  If you do so promptly enough, we may
be able to include it in tomorrow's board meeting.  -russ  ]

After reviewing the following license with key open source developers, Intel
is submitting a new license called the "BSD + Patent License".  This is a
combination of the BSD license (the post July 22, 1999 version without the
"advertising" clause), with patent license language derived from the Common
Public License ("CPL").

Contributors to Linux or other GPL works may provide their independently
created code under the BSD license (see the FSF's web site at
http://www.fsf.org/licenses/license-list.html#ModifiedBSD). To address
concerns that users of Intel's contributions under the BSD license risked
patent infringement claims from Intel, this license submission expressly
includes patent licensing language.

Intel modified the BSD license in the following ways:

1. Intel made OPTIONAL the inclusion of a copyright notice (i.e.,
"Redistributions of source code of the Software may retain the above
copyright notice, this list of conditions and the following disclaimer").

2. Intel added certain definitions derived from the patent license in the
Common Public License, and added a license grant under certain Intel patents
to distribute Intel software contributions, alone or as incorporated in any
operating system licensed under the GPL (version 2.0 or later).  

Please post the license to the "license-discuss" list under my name on
behalf of Intel Corporation. Thank you for your consideration.

Regards,

Michelle V. Stamnes
Intel Corporation

----

The Intel BSD + Patent License

Recipient has requested a license and Intel Corporation ("Intel") is
willing to grant a license for the software entitled _____________
(the "Software") being provided by Intel Corporation.

The following definitions apply to this License:

"Licensed Patents" means patent claims licensable by Intel Corporation
which are necessarily infringed by the use or sale of the Software
alone or when combined with the operating system referred to below.
"Recipient" means the party to whom Intel delivers this Software.
"Licensee" means Recipient and those third parties that receive a
license to any operating system available under the GNU Public License
version 2.0 or later.

The license is provided to Recipient and Recipient's Licensees under
the following terms.

Redistribution and use in source and binary forms of the Software,
with or without modification, are permitted provided that the
following conditions are met:

Redistributions of source code of the Software may retain the above
copyright notice, this list of conditions and the following
disclaimer.  Redistributions in binary form of the Software may
reproduce the above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other materials
provided with the distribution.  Neither the name of Intel Corporation
nor the names of its contributors shall be used to endorse or promote
products derived from this Software without specific prior written
permission.

Intel hereby grants Recipient and Licensees a non-exclusive,
worldwide, royalty-free patent license under Licensed Patents to make,
use, sell, offer to sell, import and otherwise transfer the Software,
if any, in source code and object code form. This license shall
include changes to the Software that are error corrections or other
minor changes to the Software that do not add functionality or
features when the Software is incorporated in any version of a
operating system that has been distributed under the GNU General
Public License 2.0 or later.  This patent license shall apply to the
combination of the Software and any operating system licensed under
the GNU Public License version 2.0 or later if, at the time Intel
provides the Software to Recipient, such addition of the Software to
the then publicly available versions of such operating system
available under the GNU Public License version 2.0 or later (whether
in gold, beta or alpha form) causes such combination to be covered by
the Licensed Patents. The patent license shall not apply to any other
combinations which include the Software. No hardware per se is
licensed hereunder.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL INTEL OR ITS
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

-- 
-russ nelson <sig at russnelson.com>  http://russnelson.com
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