Approval of Edustructures Open Source License

Ken Brown kenbrown at erols.com
Sun Jan 27 21:52:37 UTC 2002


Hello,

I am writing a paper on open source and in the process of collecting various
research.  It will be contrasting and comparing various arguments about os
and forecasting the development of the sector.  I would be more than
interested in any quotes, comments or facts that you feel should be included
in the study.

Thanks in advance.  Very truly yours,

Ken Brown
Alexis de Tocqueville Institution, Washington, D.C.
www.adti.net


-----Original Message-----
From: Karsten M. Self [mailto:kmself at ix.netcom.com]
Sent: Saturday, January 26, 2002 10:19 AM
To: License-Discuss list
Subject: Re: Approval of Edustructures Open Source License

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

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3



More information about the License-discuss mailing list