Approval of Edustructures Open Source License
Karsten M. Self
kmself at ix.netcom.com
Sat Jan 26 15:19:29 UTC 2002
on Fri, Jan 25, 2002 at 12:48 PM -0700, Steve Setzer (Ssetzer at planetsoftware.com) wrote:
> [ Please review this license. -russ ]
>
> Folks,
>
> Attached please find in HTML form
I strongly prefer text format. This makes annotation of comments easier.
For legal documents, variations in presentation of HTML may result in
different interpretations. This submission reads poorly at my end.
Following is a plain-text rendering. No representation of conformance
with the original license is made, though reasonable attempts have been
made to keep the text intact.
I am requesting that the OSI adopt a "best format" policy of requesting
(and preferably requiring) an ASCII text version of any proposed
licenses, capable of being read in an 80 column display. I'll reference
the IETF's reliance on text as a uniform, open document format.
IANAL, TINLA, YADA.
Peace.
------------------------------------------------------------------------
Edustructures JaZ and J/SAL Licensing Notice
This program is free software; you can redistribute it and/or modify
it under the terms of either:
a. the GNU General Public License as published by the Free Software
Foundation; either version 2, or (at your option) any later
version, or
b. the "Edustructures Open Source License" as published by
Edustructures and included with this software
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See either the
GNU General Public License or the Edustructures Open Source License
for more details.
For your reference, the Edustructures Open Source License and
version 2 of the General Public License are replicated below.
Edustructures Open Source License
Version 1.0
This Edustructures Open Source License (the "License") applies to
JaZ, J/SAL, and related software products as well as any updates or
maintenance releases of that software ("Edustructures Products")
that are distributed by Edustructures, LLC ("Licensor"). Any
Edustructures Product licensed pursuant to this License is a
Licensed Product. Licensed Product, in its entirety, is protected
by U.S. copyright law. This License identifies the terms under
which you may use, copy, distribute or modify Licensed Product.
Preamble
This Preamble is intended to describe, in plain English, the nature
and scope of this License. However, this Preamble is not a part of
this license. The legal effect of this License is dependent only
upon the terms of the License and not this Preamble.
This License complies with the Open Source Definition and has been
approved by Open Source Initiative. Software distributed under this
License may be marked as "OSI Certified Open Source Software."
This License provides that:
1. You may use, sell or give away the Licensed Product, alone or
as a component of an aggregate software distribution containing
programs from several different sources. No royalty or other
fee is required.
2. Both Source Code and executable versions of the Licensed
Product, including Modifications made by previous Contributors,
are available for your use. (The terms "Licensed Product,"
"Modifications," "Contributors" and "Source Code" are defined in
the License.)
3. You are allowed to make Modifications to the Licensed Product,
and you can create Derivative Works from it. (The term
"Derivative Works" is defined in the License.)
4. By accepting the Licensed Product under the provisions of this
License, you agree that any Modifications you make to the
Licensed Product and then distribute are governed by the
provisions of this License. In particular, you must make the
Source Code of your Modifications available to others.
5. You may use the Licensed Product for any purpose, but the
Licensor is not providing you any warranty whatsoever, nor is
the Licensor accepting any liability in the event that the
Licensed Product doesn't work properly or causes you any injury
or damages.
6. If you sublicense the Licensed Product or Derivative Works,
you may charge fees for warranty or support, or for accepting
indemnity or liability obligations to your customers. You
cannot charge for the Source Code.
7. If you assert any patent claims against the Licensor relating
to the Licensed Product, or if you breach any terms of the
License, your rights to the Licensed Product under this License
automatically terminate.
You may use this License to distribute your own Derivative Works, in
which case the provisions of this License will apply to your
Derivative Works just as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any
other OSI-approved Open Source license, or under a proprietary
license of your choice. If you use any license other than this
License, however, you must continue to fulfill the requirements of
this License (including the provisions relating to publishing the
Source Code) for those portions of your Derivative Works that
consist of the Licensed Product, including the files containing
Modifications.
New versions of this License may be published from time to time.
You may choose to continue to use the license terms in this version
of the License or those from the new version. However, only the
Licensor has the right to change the License terms as they apply to
the Licensed Product.
This License relies on precise definitions for certain terms. Those
terms are defined when they are first used, and the definitions are
repeated for your convenience in a Glossary at the end of the
License.
License Terms
1. Grant of License From Licensor. Licensor hereby grants you a
world-wide, royalty-free, non-exclusive license, subject to
third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and
distribute Licensed Product or portions thereof (including
Modifications as hereinafter defined), in both Source Code
or as an executable program. "Source Code" means the
preferred form for making modifications to the Licensed
Product, including all modules contained therein, plus any
associated interface definition files, scripts used to
control compilation and installation of an executable
program, or a list of differential comparisons against the
Source Code of the Licensed Product.
b. Create Derivative Works (as that term is defined under U.S.
copyright law) of Licensed Product by adding to or deleting
from the substance or structure of said Licensed Product.
c. Under claims of patents now or hereafter owned or controlled
by Licensor, to make, use, sell, offer for sale, have made,
and/or otherwise dispose of Licensed Product or portions
thereof, but solely to the extent that any such claim is
necessary to enable you to make, use, sell, offer for sale,
have made, and/or otherwise dispose of Licensed Product or
portions thereof or Derivative Works thereof.
2. Grant of License to Modifications From Contributor.
"Modifications" means any additions to or deletions from the
substance or structure of (i) a file containing Licensed
Product, or (ii) any new file that contains any part of Licensed
Product. Hereinafter in this License, the term "Licensed
Product" shall include all previous Modifications that you
receive from any Contributor. By application of the provisions
in Section 4(a) below, each person or entity who created or
contributed to the creation of, and distributed, a Modification
(a "Contributor") hereby grants you a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual
property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and
distribute any Modifications created by such Contributor or
portions thereof, in both Source Code or as an executable
program, either on an unmodified basis or as part of
Derivative Works.
b. Under claims of patents now or hereafter owned or controlled
by Contributor, to make, use, sell, offer for sale, have
made, and/or otherwise dispose of Modifications or portions
thereof, but solely to the extent that any such claim is
necessary to enable you to make, use, sell, offer for sale,
have made, and/or otherwise dispose of Modifications or
portions thereof or Derivative Works thereof.
3. Exclusions From License Grant. Nothing in this License shall
be deemed to grant any rights to trademarks, copyrights,
patents, trade secrets or any other intellectual property of
Licensor or any Contributor except as expressly stated herein.
No patent license is granted separate from the Licensed Product,
for code that you delete from the Licensed Product, or for
combinations of the Licensed Product with other software or
hardware. No right is granted to the trademarks of Licensor or
any Contributor even if such marks are included in the Licensed
Product. Nothing in this License shall be interpreted to
prohibit Licensor from licensing under different terms from this
License any code that Licensor otherwise would have a right to
license.
4. Your Obligations Regarding Distribution.
a. Application of This License to Your Modifications. As an
express condition for your use of the Licensed Product, you
hereby agree that any Modifications that you create or to
which you contribute, and which you distribute, are governed
by the terms of this License including, without limitation,
Section 2. Any Modifications that you create or to which
you contribute may be distributed only under the terms of
this License or a future version of this License released
under Section 7. You must include a copy of this License
with every copy of the Modifications you distribute. You
agree not to offer or impose any terms on any Source Code or
executable version of the Licensed Product or Modifications
that alter or restrict 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 4(e).
b. Availability of Source Code. You must make available, under
the terms of this License, the Source Code of the Licensed
Product and any Modifications that you distribute, either on
the same media as you distribute any executable or other
form of the Licensed Product, or via a mechanism generally
accepted in the software development community for the
electronic transfer of data (an "Electronic Distribution
Mechanism"). The Source Code for any version of Licensed
Product or Modifications that you distribute 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 said Licensed Product or
Modifications has been made available. You are responsible
for ensuring that the Source Code version remains available
even if the Electronic Distribution Mechanism is maintained
by a third party.
c. Description of Modifications. You must cause any
Modifications that you create or to which you contribute,
and which you distribute, to contain a file documenting the
additions, changes or deletions you made to create or
contribute to those Modifications, and the dates of any such
additions, changes or deletions. You must include a
prominent statement that the Modifications are derived,
directly or indirectly, from the Licensed Product and
include the names of the Licensor and any Contributor to the
Licensed Product in (i) the Source Code and (ii) in any
notice displayed by a version of the Licensed Product you
distribute or in related documentation in which you describe
the origin or ownership of the Licensed Product. You may
not modify or delete any preexisting copyright notices in
the Licensed Product.
d. Intellectual Property Matters.
i. Third Party Claims. If you have knowledge that a
license to a third party's intellectual property right
is required to exercise the rights granted by this
License, you must include a text file with the Source
Code distribution titled "LEGAL" that describes the
claim and the party making the claim in sufficient
detail that a recipient will know whom to contact. If
you obtain such knowledge after you make any
Modifications available as described in Section 4(b),
you 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 Licensed Product from you that new
knowledge has been obtained.
ii. Contributor APIs. If your Modifications include an
application programming interface ("API") and you have
knowledge of patent licenses that are reasonably
necessary to implement that API, you must also include
this information in the LEGAL file.
iii. Representations. You represent that, except as
disclosed pursuant to 4(d)(i) above, you believe that
any Modifications you distribute are your original
creations and that you have sufficient rights to grant
the rights conveyed by this License.
e. Required Notices. You must duplicate this License in any
documentation you provide along with the Source Code of any
Modifications you create or to which you contribute, and
which you distribute, wherever you describe recipients'
rights relating to Licensed Product. You must duplicate the
notice contained in Exhibit A (the "Notice") in each file of
the Source Code of any copy you distribute of the Licensed
Product. If you created a Modification, you may add your
name as a Contributor to the Notice. If it is not possible
to put the 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 charge a fee for, warranty, support, indemnity
or liability obligations to one or more recipients of
Licensed Product. However, you may do so only on your own
behalf, and not on behalf of the Licensor or any
Contributor. You must make it clear that any such warranty,
support, indemnity or liability obligation is offered by you
alone, and you hereby agree to indemnify the Licensor and
every Contributor for any liability incurred by the Licensor
or such Contributor as a result of warranty, support,
indemnity or liability terms you offer.
f. Distribution of Executable Versions. You may distribute
Licensed Product as an executable program under a license of
your choice that may contain terms different from this
License provided (i) you have satisfied the requirements of
Sections 4(a) through 4(e) for that distribution, (ii) you
include a conspicuous notice in the executable version,
related documentation and collateral materials stating that
the Source Code version of the Licensed Product is available
under the terms of this License, including a description of
how and where you have fulfilled the obligations of Section
4(b), (iii) you retain all existing copyright notices in the
Licensed Product, and (iv) you make it clear that any terms
that differ from this License are offered by you alone, not
by Licensor or any Contributor. You hereby agree to
indemnify the Licensor and every Contributor for any
liability incurred by Licensor or such Contributor as a
result of any terms you offer.
g. Distribution of Derivative Works. You may create Derivative
Works (e.g., combinations of some or all of the Licensed
Product with other code) and distribute the Derivative Works
as products under any other license you select, with the
proviso that the requirements of this License are fulfilled
for those portions of the Derivative Works that consist of
the Licensed Product or any Modifications thereto.
5. Inability to Comply Due to Statute or Regulation. If it is
impossible for you to comply with any of the terms of this
License with respect to some or all of the Licensed Product due
to statute, judicial order, or regulation, then you must (i)
comply with the terms of this License to the maximum extent
possible, (ii) cite the statute or regulation that prohibits you
from adhering to the License, and (iii) describe the limitations
and the code they affect. Such description must be included in
the LEGAL file described in Section 4(d), and must be included
with all distributions of the Source Code. Except to the extent
prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill at
computer programming to be able to understand it.
6. Application of This License. This License applies to code to
which Licensor or Contributor has attached the Notice in Exhibit
A, which is incorporated herein by this reference.
7. Versions of This License.
a. New Versions. Licensor may publish from time to time
revised and/or new versions of the License.
b. Effect of New Versions. Once Licensed Product 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 Licensed Product under the
terms of any subsequent version of the License published by
Licensor. No one other than Licensor has the right to
modify the terms applicable to Licensed Product created
under this License.
c. Derivative Works of this License. If you create or use a
modified version of this License, which you may do only in
order to apply it to software that is not already a Licensed
Product under this License, you must rename your license so
that it is not confusingly similar to this License, and must
make it clear that your license contains terms that differ
from this License. In so naming your license, you may not
use any trademark of Licensor or any Contributor.
8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER
THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE LICENSED PRODUCT IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE
DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR 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 LICENSED PRODUCT IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9. Termination.
a. Automatic Termination Upon Breach. This license and the
rights granted hereunder will terminate automatically if you
fail to comply with the terms herein and fail to cure such
breach within thirty (30) days of becoming aware of the
breach. All sublicenses to the Licensed Product that are
properly granted shall survive any termination of this
license. Provisions that, by their nature, must remain in
effect beyond the termination of this License, shall
survive.
b. Termination Upon Assertion of Patent Infringement. If you
initiate litigation by asserting a patent infringement claim
(excluding declaratory judgment actions) against Licensor or
a Contributor (Licensor or Contributor against whom you file
such an action is referred to herein as Respondent) alleging
that Licensed Product directly or indirectly infringes any
patent, then any and all rights granted by such Respondent
to you under Sections 1 or 2 of this License shall terminate
prospectively upon sixty (60) days notice from Respondent
(the "Notice Period") unless within that Notice Period you
either agree in writing (i) to pay Respondent a mutually
agreeable reasonably royalty for your past or future use of
Licensed Product made by such Respondent, or (ii) withdraw
your litigation claim with respect to Licensed Product
against such Respondent. If within said Notice Period 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 Licensor to
you under Sections 1 and 2 automatically terminate at the
expiration of said Notice Period.
c. Reasonable Value of This License. If you assert a patent
infringement claim against Respondent alleging that Licensed
Product 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 said
Respondent under Sections 1 and 2 shall be taken into
account in determining the amount or value of any payment or
license.
d. No Retroactive Effect of Termination. In the event of
termination under Sections 9(a) or 9(b) above, all end user
license agreements (excluding licenses to distributors and
resellers) that have been validly granted by you or any
distributor hereunder prior to termination shall survive
termination.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY
DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH
PARTIES, BE LIABLE TO ANY 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 PARTYS NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.
11. Responsibility for Claims. As between Licensor and Contributors,
each party is responsible for claims and damages arising,
directly or indirectly, out of its utilization of rights under
this License. You agree to work with Licensor and Contributors
to distribute such responsibility on an equitable basis.
Nothing herein is intended or shall be deemed to constitute any
admission of liability.
12. U.S. Government End Users. The Licensed Product is a commercial
item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of commercial computer software and commercial
computer software documentation, as such terms are used in 48
C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212
and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
U.S. Government End Users acquire Licensed Product with only
those rights set forth herein.
13. Miscellaneous. This License represents the complete agreement
concerning the 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 California law provisions
(except to the extent applicable law, if any, provides
otherwise), excluding its conflict-of-law provisions. You
expressly agree that any litigation relating to this license
shall be subject to the jurisdiction of the Federal Courts of
the Northern District of California or the Superior Court of the
County of Santa Clara, California (as appropriate), with venue
lying in Santa Clara County, California, with the losing party
responsible for costs including, without limitation, court costs
and reasonable attorneys fees and expenses. The application of
the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. You and Licensor expressly
waive any rights to a jury trial in any litigation concerning
Licensed Product or this License. Any law or regulation that
provides that the language of a contract shall be construed
against the drafter shall not apply to this License.
14. Definition of You in This License. You throughout this License,
whether in upper or lower case, 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 7. For legal entities, you includes any
entity that controls, is controlled by, or is under common
control with you. For purposes of this definition, control
means (i) the power, direct or indirect, to cause the direction
or management of such entity, whether by contract or otherwise,
or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such
entity.
15. Glossary. All defined terms in this License that are used in
more than one Section of this License are repeated here, in
alphabetical order, for the convenience of the reader. The
Section of this License in which each defined term is first used
is shown in parentheses.
Contributor: Each person or entity who created or contributed
to the creation of, and distributed, a Modification. (See
Section 2)
Derivative Works: That term as used in this License is defined
under U.S. copyright law. (See Section 1(b))
License: This Edustructures Open Source License. (See first
paragraph of License)
Licensed Product: Any Edustructures Product licensed pursuant
to this License. The term "Licensed Product" includes all
previous Modifications from any Contributor that you receive.
(See first paragraph of License and Section 2)
Licensor: Edustructures LLC (See first paragraph of License)
Modifications: Any additions to or deletions from the substance
or structure of (i) a file containing Licensed Product, or (ii)
any new file that contains any part of Licensed Product. (See
Section 2)
Notice: The notice contained in Exhibit A. (See Section 4(e))
Source Code: The preferred form for making modifications to the
Licensed Product, including all modules contained therein, plus
any associated interface definition files, scripts used to
control compilation and installation of an executable program,
or a list of differential comparisons against the Source Code of
the Licensed Product. (See Section 1(a))
You: This term is defined in Section 14 of this License.
EXHIBIT A
The Notice below must appear in each file of the Source Code of any
copy you distribute of the Licensed Product or any Modifications
thereto. Contributors to any Modifications may add their own
copyright notices to identify their own contributions.
License:
The contents of this file are subject to the Edustructures Open
Source License Version 1.0 (the License). You may not copy or use
this file, in either source code or executable form, except in
compliance with the License. You may obtain a copy of the License
at http://www.edustructures.com/license/ or at
http://www.opensource.org/.
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.
Copyrights:
Portions created by or assigned to Edustructures LLC are Copyright
(c) 1999-2002 Edustructures LLC All Rights Reserved. Contact
information for Edustructures LLC is available at
http://www.edustructures.com/.
Acknowledgements
Special thanks to the Edustructures Open Source Contributors for
their suggestions and support of JaZ and J/SAL.
Modifications:
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place - Suite 330, Boston, MA 02111-1307, USA
Everyone is permitted to copy and distribute verbatim copies of this
license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General Public
License is intended to guarantee your freedom to share and change
free software--to make sure the software is free for all its users.
This General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit
to using it. (Some other Free Software Foundation software is
covered by the GNU Library General Public License instead.) You can
apply it to your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that
you have the freedom to distribute copies of free software (and
charge for this service if you wish), that you receive source code
or can get it if you want it, that you can change the software or
use pieces of it in new free programs; and that you know you can do
these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the
rights. These restrictions translate to certain responsibilities
for you if you distribute copies of the software, or if you modify
it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights
that you have. You must make sure that they, too, receive or can
get the source code. And you must show them these terms so they
know their rights.
We protect your rights with two steps: (1) copyright the software,
and (2) offer you this license which gives you legal permission to
copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed
on, we want its recipients to know that what they have is not the
original, so that any problems introduced by others will not reflect
on the original authors' reputations.
Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making
the program proprietary. To prevent this, we have made it clear
that any patent must be licensed for everyone's free use or not
licensed at all.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains
a notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License. The "Program",
below, refers to any such program or work, and a "work based on the
Program" means either the Program or any derivative work under
copyright law: that is to say, a work containing the Program or a
portion of it, either verbatim or with modifications and/or
translated into another language. (Hereinafter, translation is
included without limitation in the term "modification".) Each
licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of
running the Program is not restricted, and the output from the
Program is covered only if its contents constitute a work based on
the Program (independent of having been made by running the
Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty; keep intact all the
notices that refer to this License and to the absence of any
warranty; and give any other recipients of the Program a copy of
this License along with the Program.
You may charge a fee for the physical act of transferring a copy,
and you may at your option offer warranty protection in exchange for
a fee.
2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:
* a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
* b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any part
thereof, to be licensed as a whole at no charge to all third parties
under the terms of this License.
* c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a notice
that there is no warranty (or else, saying that you provide a
warranty) and that users may redistribute the program under these
conditions, and telling the user how to view a copy of this License.
(Exception: if the Program itself is interactive but does not
normally print such an announcement, your work based on the Program
is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work
based on the Program, the distribution of the whole must be on the
terms of this License, whose permissions for other licensees extend
to the entire whole, and thus to each and every part regardless of
who wrote it.
Thus, it is not the intent of this section to claim rights or
contest your rights to work written entirely by you; rather, the
intent is to exercise the right to control the distribution of
derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the
Program with the Program (or with a work based on the Program) on a
volume of a storage or distribution medium does not bring the other
work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms
of Sections 1 and 2 above provided that you also do one of the
following:
* a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections 1
and 2 above on a medium customarily used for software interchange;
or,
* b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your cost
of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
* c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you received
the program in object code or executable form with such an offer, in
accord with Subsection b above.)
The source code for a work means the preferred form of the work for
making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to
control compilation and installation of the executable. However, as
a special exception, the source code distributed need not include
anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that component
itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program 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. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject
to these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted
herein. You are not responsible for enforcing compliance by third
parties to this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do
not excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under
this License and any other pertinent obligations, then as a
consequence you may not distribute the Program at all. For example,
if a patent license would not permit royalty-free redistribution of
the Program by all those who receive copies directly or indirectly
through you, then the only way you could satisfy both it and this
License would be to refrain entirely from distribution of the
Program.
If any portion of this section is held invalid or unenforceable
under any particular circumstance, the balance of the section is
intended to apply and the section as a whole is intended to apply in
other circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices. Many people have made
generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is
willing to distribute software through any other system and a
licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed
to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces,
the original copyright holder who places the Program under this
License may add an explicit geographical distribution limitation
excluding those countries, so that distribution is permitted only in
or among countries not thus excluded. In such case, this License
incorporates the limitation as if written in the body of this
License.
9. The Free Software Foundation may publish revised and/or new
versions of the General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies a version number of this License which applies to
it and "any later version", you have the option of following the
terms and conditions either of that version or of any later version
published by the Free Software Foundation. If the Program does not
specify a version number of this License, you may choose any version
ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the
author to ask for permission. For software which is copyrighted by
the Free Software Foundation, write to the Free Software Foundation;
we sometimes make exceptions for this. Our decision will be guided
by the two goals of preserving the free status of all derivatives of
our free software and of promoting the sharing and reuse of software
generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR
OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED 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 PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU
FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF
SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make
it free software which everyone can redistribute and change under
these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
convey the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is
found. one line to give the program's name and an idea of what it
does. Copyright (C) yyyy name of author
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA
02111-1307, USA.
Also add information on how to contact you by electronic and paper
mail.
If the program is interactive, make it output a short notice like
this when it starts in an interactive mode: Gnomovision version 69,
Copyright (C) year name of author Gnomovision comes with ABSOLUTELY
NO WARRANTY; for details type `show w'. This is free software, and
you are welcome to redistribute it under certain conditions; type
`show c' for details.
The hypothetical commands `show w' and `show c' should show the
appropriate parts of the General Public License. Of course, the
commands you use may be called something other than `show w' and
`show c'; they could even be mouse-clicks or menu items--whatever
suits your program.
You should also get your employer (if you work as a programmer) or
your school, if any, to sign a "copyright disclaimer" for the
program, if necessary. Here is a sample; alter the names: Yoyodyne,
Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James
Hacker.
signature of Ty Coon, 1 April 1989 Ty Coon, President of Vice
This General Public License does not permit incorporating your
program into proprietary programs. If your program is a subroutine
library, you may consider it more useful to permit linking
proprietary applications with the library. If this is what you want
to do, use the GNU Library General Public License instead of this
License.
--
Karsten M. Self <kmself at ix.netcom.com> http://kmself.home.netcom.com/
What part of "Gestalt" don't you understand? Home of the brave
http://gestalt-system.sourceforge.net/ Land of the free
We freed Dmitry! Boycott Adobe! Repeal the DMCA! http://www.freesklyarov.org
Geek for Hire http://kmself.home.netcom.com/resume.html
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