For Approval: EU DataGrid Software License

Tue Aug 19 07:04:15 UTC 2003

Hi,
        We would like to submit the EU DataGrid software license for OSI
approval.
This email contains the material requested on the OSI website for license
approval.

Many thanks for considering this license,

Bob Jones
EU DataGrid deputy project manager
CERN - European Organization for Nuclear Research
Information Technology Division
CH-1211 Geneva 23
Switzerland
Phone: +41-(0)22-7671482
Fax: +41-(0)22-7677155
Email: Bob.Jones at cern.ch

ANALYSIS OF COMPATIBILITYOF THE EU DATAGRID LICENSE STATEMENT WITH
REQUIREMENTS RESULTING FROM THE OSI OPEN SOURCE DEFINITION

EU DataGrid Software License
Copyright (c) 2001 EU DataGrid. All rights reserved.

This software includes voluntary contributions made to the EU DataGrid. For
more information on the EU DataGrid, please see http://www.eu-datagrid.org/.

Installation, use, reproduction, display, modification and redistribution of
this software, with or without modification, in source and binary forms, are
permitted.

This statement fulfills:
- Requirement nr 1 (free redistribution) as it allows for redistribution
with or without modifications, and without any financial conditions attached
to such redistribution.
- Requirement nr 2 (distribution in source code and compiled form allowed)
as it specifies that redistribution in source and binary forms is permitted.
- Requirement nr 4 (distribution of software built from modified source code
explicitly permitted), as it allows for redistributions in source code
format of modified software. Condition nr 1 below does not put any
limitation to this right.

Any exercise of rights under this license by you or your sub-licensees is
subject to the following conditions:

1. Redistributions of this software, with or without modification, must
reproduce the above copyright notice and the above license statement as well
as this list of conditions, in the software, the user documentation and any
other materials provided with the software.

The scope of this condition nr 1 does not infringe requirement nr 4 as it
confirms that redistributions in source code format of modified software are
allowed. This condition nr 1 does not interfere with the requirements of the
Open Source Definition.

2. The user documentation, if any, included with a redistribution, must
include the following notice:
"This product includes software developed by the EU DataGrid
(http://www.eu-datagrid.org/)."

Alternatively, if that is where third-party acknowledgments normally appear,
this acknowledgment must be reproduced in the software itself.

This condition nr 2 does not interfere with the requirements of the Open
Source Definition.

3. The names "EDG", "EDG Toolkit", "EU DataGrid" and "EU DataGrid Project"
may not be used to endorse or promote software, or products derived
there from, except with prior written permission by
hep-project-grid-edg-license at cern.ch.

This condition nr 3 does not interfere with the requirements of the Open
Source Definition.

4. You are under no obligation to provide anyone with any bug fixes,
patches, upgrades or other modifications, enhancements or derivatives of the
features, functionality or performance of this software that you may
develop. However, if you publish or distribute your modifications,
enhancements or derivative works without contemporaneously requiring users
to enter into a separate written license agreement, then you are deemed to
have granted participants in the EU DataGrid a worldwide, non-exclusive,
royalty-free, perpetual license to install, use, reproduce, display, modify,
redistribute and sub-license your modifications, enhancements or derivative
works, whether in binary or source code form, under the license conditions
stated in this list of conditions.

This condition nr 4 fulfils requirement nr 3, as it allows modifications and
derived works to be distributed under these license terms.
This condition nr 4 does not infringe requirement nr 5 (no discrimination
against any person/group of persons) as it does not limit access to the
software.

Generally:

Requirement nr 6 is fulfilled as the license does not specify nor limit use
to any specific domain of use, nor does it exclude any type of use,
including commercial use.
Requirement nr. 7 (no need to execute an additional license by
licensees/sub-licensees) is fulfilled as there is no requirement in the
above conditions to execute any additional agreement as a condition for
access and use of the software.
Requirement nr. 8 is fulfilled as the rights attached to the program do not
depend on the program being part of a particular software distribution (no
such condition in the above list of conditions).
Requirement nr 9 is fulfilled as there is no mention of any restrictions
applicable to distribution along with other software.
Requirement nr. 10 is fulfilled as the license contains no limitations to
the methods for distributing the software. There is no mention of the need
for an explicit gesture of assent in order to establish a contract.

5. DISCLAIMER
THIS SOFTWARE IS PROVIDED BY THE EU DATAGRID AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND FITNESS
FOR A PARTICULAR PURPOSE OR USE ARE DISCLAIMED. THE EU DATAGRID AND
CONTRIBUTORS MAKE NO REPRESENTATION THAT THE SOFTWARE, MODIFICATIONS,
ENHANCEMENTS OR DERIVATIVE WORKS THEREOF, WILL NOT INFRINGE ANY PATENT,
COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT.

This condition nr 5 does not interfere with the requirements of the Open
Source Definition.

6. LIMITATION OF LIABILITY
THE EU DATAGRID AND CONTRIBUTORS SHALL HAVE NO LIABILITY TO LICENSEE OR
OTHER PERSONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA
OR PROFITS, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This condition nr 6 does not interfere with the requirements of the Open
Source Definition.

Conclusion: the EU DataGrid software license is compatible with the OSI open
source software definition.

Tell us which existing OSI-approved license is most similar to your license.

Most of the OSI-approved licenses have substantial similarities with the EU
DataGrid License. The OSI-approved license which in our view could be
considered as being the most similar to the EU DataGrid License is the
"modified BSD License".

However, it is considered that the "modified BSD License" does not suffice
in all respects for the needs of the EU DataGrid.

In particular, the EU DataGrid project wishes to make it clear and explicit
in the license statement that a contributor providing modifications,
enhancements or derivative works on the basis of the software, is free to
decide on the license conditions that apply to his or her own contributions.
This is the reason for the wording of condition nr 4.

It should furthermore be mentioned that in drafting the EU DataGrid license
statement, the EU DataGrid project has worked in close collaboration and
coordination with its counterparts at Argonne National Laboratory, which has
elaborated a nearly identical license statement for its own open source
software, GLOBUS.

Q: Explain how software distributed under your license can be used in
conjunction with software distributed under other open source licenses.
A: Software distributed under this license can be used freely with other
open source licenses. This license contains no restrictions as to possible
use together with other software.

Q: Which license do you think will take precedence for derivative or
combined
works?
A: This ultimately depends on the terms of the license of the other
open-source software. However, it is clear that this license explicitly
allows for derivative works to be licensed under a separate license
agreement; thus in such case the other open-source license will more readily
take precedence. For combined works, the compatibility between this license
and the other open-source license will have to be checked; if the
combination is a merger of codes it may well be that this license will take
precedence.

Q: Is there any software license that is entirely incompatible with your
proposed license?
A: This depends on the type of combination made: there should be no
compatibility problem if the combination made is a linking of two modules
together; however should the combination be a merger of codes into one
module, and should the license of the other software used require that the
product be released solely under its terms, there will be a problem of
compatibility.

The text copy of EU DataGrid license is at the end to this message and is
also visible on the project's website:
http://eu-datagrid.web.cern.ch/eu-datagrid/license.html
EU DataGrid Software License

This software includes voluntary contributions made to the EU DataGrid. For
more information on the EU DataGrid, please see http://www.eu-datagrid.org/.

Installation, use, reproduction, display, modification and redistribution of
this software, with or without modification, in source and binary forms, are
permitted. Any exercise of rights under this license by you or your
sub-licensees is subject to the following conditions:

1. Redistributions of this software, with or without modification, must
reproduce the above copyright notice and the above license statement as well
as this list of conditions, in the software, the user documentation and any
other materials provided with the software.

2. The user documentation, if any, included with a redistribution, must
include the following notice:
"This product includes software developed by the EU DataGrid
(http://www.eu-datagrid.org/)."

Alternatively, if that is where third-party acknowledgments normally appear,
this acknowledgment must be reproduced in the software itself.

3. The names "EDG", "EDG Toolkit", "EU DataGrid" and "EU DataGrid Project"
may not be used to endorse or promote software, or products derived
therefrom, except with prior written permission by
hep-project-grid-edg-license at cern.ch.

4. You are under no obligation to provide anyone with any bug fixes,
patches, upgrades or other modifications, enhancements or derivatives of the
features, functionality or performance of this software that you may
develop.
However, if you publish or distribute your modifications, enhancements or
derivative works without contemporaneously requiring users to enter into a
separate written license agreement, then you are deemed to have granted
participants in the EU DataGrid a worldwide, non-exclusive, royalty-free,
perpetual license to install, use, reproduce, display, modify, redistribute
and sub-license your modifications, enhancements or derivative works,
whether in binary or source code form, under the license conditions stated
in this list of conditions.

5. DISCLAIMER

THIS SOFTWARE IS PROVIDED BY THE EU DATAGRID AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND FITNESS
FOR A PARTICULAR PURPOSE OR USE ARE DISCLAIMED. THE EU DATAGRID AND
CONTRIBUTORS MAKE NO REPRESENTATION THAT THE SOFTWARE, MODIFICATIONS,
ENHANCEMENTS OR DERIVATIVE WORKS THEREOF, WILL NOT INFRINGE ANY PATENT,
COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT.

6. LIMITATION OF LIABILITY

THE EU DATAGRID AND CONTRIBUTORS SHALL HAVE NO LIABILITY TO LICENSEE OR
OTHER PERSONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA
OR PROFITS, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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