simple copyleft with GPL compatibility via a disjunctive-license clause
Bruce Dodson
bruce_dodson at hotmail.com
Sat Jul 20 15:01:36 UTC 2002
This license is almost identical to the one I sent out last night, but with
GPL-compatibility through a clause that says "you can also use this software
under the terms of the GPL". Using a disjunctive license enables me to get
rid of the special exception in condition "d", and also allows me to use a
simpler wording in condition "c".
I don't really like disjunctive licenses - I don't think they're good for
the software publisher, but its intent is clearer this way, and it does
avoid possible unforseen interactions between the two licenses.
If I went for OSI approval, I would seek to get it approved both with and
without the GNU Copyleft provision.
If last night's version was better (or this is better but you thought last
night's condition "c" was easier to understand), please tell me so!
-----
<software program name>.
Copyright (c) <year(s)> <copyright holder(s)>. All rights reserved.
LICENSE AGREEMENT:
Permission to use, copy, modify, and distribute the accompanying
software, documentation, and related materials (the "software") is
hereby granted, subject to the following conditions:
a. The above copyright notice must appear in all copies or
substantial portions of the software.
b. A verbatim copy of this license agreement (including the above
copyright notice, this permission notice, and the following
disclaimers) must appear in the documentation and/or in other
materials accompanying the software.
c. When the software is modified, translated to another language,
or combined with other materials, the resulting work as a whole
is a derivative work as defined by copyright law, and is
subject to these license terms.
d. When you distribute this software or a derivative work, you must
make the entire work available to all recipients in source code
form (that is, in the preferred form for making modifications to
the work) under these license terms, in a reasonable manner on or
through a medium customarily used for software exchange. You may
not charge any fee for the source code, other than to cover the
expenses that you incur in making the source code available.
e. Derivative works must be plainly marked as such, and must not
be misrepresented as the original software.
A separate work that does not itself contain any portion of this
software is outside the scope of this license agreement, even if
it accesses services exposed by this software or by a derivative
work; even when it is stored or distributed on the same medium
with software licensed under this agreement.
Your rights under this license will terminate automatically if
you fail to comply with the terms and conditions set forth herein.
If any provision of this license agreement is held to be
unenforceable, that provision shall be reformed only to the extent
necessary to make it enforceable; and the balance of this license
agreement shall remain in full force and effect.
DISCLAIMER OF WARRANTY AND LIABILITY:
THIS SOFTWARE AND THE ACCOMPANYING MATERIALS ARE PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND. THE COPYRIGHT
HOLDER(S) AND CONTRIBUTING AUTHORS DISCLAIM ANY AND ALL
WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTING
AUTHORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
The recipient must assume the entire risk of using this software.
SPECIAL PROVISION FOR GNU COPYLEFT:
This software may also be used, copied, modified, sublicensed,
and/or distributed under the terms of the GNU General Public
License (GPL) as published by the Free Software Foundation, in
which case the provisions of the GPL are applicable instead of
those above.
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