license template for simple copyleft - seeking comments one last time

[Bruce Dodson]

http://gisdeveloper.tripod.com/shptrans_license_template.html

The following is a template for a license agreement which is intended
to be almost as easy to read and understand as many many non-copyleft
license agreements, but to have a copyleft almost as strong as the GNU
GPL.  To use this license template for your software, replace the
following values in the template:

  <software descriptive name>
  One line to give the program's name and a brief idea of what it does.

  <software short name>
  A short name that can be used to refer to the software.  This name
  should be part of the descriptive name, but should be short enough
  that it can be used in the middle of a sentence.

  <publication year(s)>
  The year(s) when the work was published, or at least the year when
  the work was initially published.  If you publish often, a range of
  years might make the most sense.

  <copyright holder(s)>
  The name of the principal person or organisation who holds the
  copyright on this work.  More than one copyright holder may be
  listed, but the list need not be exhaustive.

Since the license would otherwise be incompatible with the GPL, this
template includes a provision to allow the recipient to distribute the
licensed materials under the GPL.  If you do not want this provision in
your license, you should omit the last section of the license template
(SPECIAL PROVISION FOR GNU COPYLEFT...) and the last sentence of the
notice cited in condition "a" (this work may also be redistributed...)
from your license.

-------------------------------------------------------------------------

<software descriptive name>.
Copyright (c) <publication 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.  The copyright notice must
      be followed immediately by the complete text of this license
      agreement, or by the following brief notice:

        "This work is distributed on an "as is" basis without warranty
        of any kind.  For more information, and to understand your rights
        and obligations, please refer to the complete license agreement
        for <software short name>, which should have accompanied this
        work.  The same license agreement applies to derivative works.

        This work may also be redistributed and/or modified under the
        terms of the GNU General Public License version 2 as published
        by the Free Software Foundation."

   b. A verbatim copy of this license agreement (including the above
      copyright notice, this permission notice, and the following
      disclaimers and provisions) 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.  Thus, in order to exercise any
      rights in the derivative work, you must do so in a manner that
      simultaneously satisfies your obligations under this license
      agreement and your obligations under any other agreements that
      pertain to the derivative work.

   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) version 2 or any later version, 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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