For Approval: Panda3D Public License Version 1.0

Tue Dec 23 03:31:28 UTC 2003

I am trying to get OSI Certification for the Panda3D open source license,
which was drafted by Disney lawyers. Panda3D is a game and simulation
engine, available for download at http://www.etc.cmu.edu/panda3d. I used to
work at Disney, but now I teach at Carnegie Mellon, where we've been doing a
lot of work making Panda3D easier to use. Everyone on the project (at Disney
and CMU) is very passionate about open source code, but admittedly, none of
us have a strong legal bent. 

The license can be found here: 

http://www.etc.cmu.edu/panda3d/docs/license/

And text of the license follows at the end of this message. 

One caveat: In the license, mention is made of finding the license text at
www.panda3d.org/license.txt -- presently, that address is down, but it will
be restored soon. At any rate, that address will eventually be pointing to
the one above. 

Any help or advice is welcome - I am quite eager to see the Panda3D license
get OSI approval. 

Section 1: 

I believe the license was loosely based on the Apple Public Source License.
The lawyer who drafted the Panda3D license left the company some time ago,
and I haven't been able to reach him. Obviously, the Apple license itself
wouldn't suffice, since it explicitly names Apple, where the Panda3D license
names Disney instead. 

Section 2:

I don't see there should be much problem with the Panda3D license in
conjunction with software distributed under other licenses, since the
license is very simple and unrestrictive.

Section 3:

PANDA 3D SOFTWARE LICENSE AND DOWNLOAD TERMS

1. The accompanying Panda 3D Software and associated documentation
files (the "Software") is licensed to you, the recipient of the
Software ("You") by Walt Disney Imagineering (the "Licensor") subject
these terms and to the terms of the Panda 3D Public License Version
1.0 (the "License") and You may not use this Software except in
compliance with these terms and the terms of the License.  See the
License for the specific language governing rights and limitations
under the License.  You may obtain a copy of the License at
http://www.panda3d.org/license.txt .  ANY DOWNLOADING, INSTALLING,
USE, REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE CONSTITUTES THE
RECIPIENT'S ACCEPTANCE OF THESE TERMS AND THE LICENSE.  IF YOU DO NOT
AGREE TO THIS LICENSE, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE
SOFTWARE.

2. Licensor hereby grants to any person obtaining a copy of the
Software a nonexclusive license to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, on an "AS
IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or
implied, subject to these terms and the License.

3. All copies made of the Software source code must retain the
following copyright notice and these terms and disclaimers in a
conspicuous location in the Software.  Copies made of the Software in
binary form or redistribution of this Software in binary form must
reproduce the following copyright notice and these terms and
disclaimers in a conspicuous location in the documentation and/or
other materials provided with the distribution of the Software.

PANDA 3D SOFTWARE
Copyright (c) 2001, Disney Enterprises, Inc.  All rights reserved

4. Any modifications which You create or which You contribute to the
Software are governed by these terms and the License.  The source code
version of the Software may be distributed only under these terms and
the License or a future version of the License released by Licensor,
and You must include a copy of these terms with every copy of the
source code or Software that You distribute.  You may not offer or
impose any terms on any source code version that alters or restricts
the applicable version of these terms or the License.  In addition,
You must identify Yourself as the originator of the modifications or
contributions You made to the Software, if any, in a manner that
reasonably allows subsequent recipients to identify You as the
originator of the modifications or contributions.  Further You must
cause the Software to contain a file documenting the changes You made
to create the modifications and the date of any change.  You must
include a prominent statement describing the modifications made to the
Software.  An electronic copy of the source code for all modifications
made to the Software are to be forwarded to Licensor at
panda3d-owner at yahoogroups.com within 90 days of the date of the
modifications.

5. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF GOODWILL; LOSS OF USE, DATA, OR PROFITS; WORK
STOPPAGE, COMPUTER FAILURE, OR MALFUNCTION, 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.

6. The names "Walt Disney Imagineering" or "Disney" may not be used to
endorse or promote this Software or any products derived from this
Software and may not be used in any advertising, publicity or
promotion or other disclosures, or to express or imply any endorsement
of anyone's products or services, or in any manner or for any purpose
whatsoever without specific prior written permission from Licensor.

7. Licensor may publish new versions (including revisions) of the
License from time to time.  Each new version of the License will be
given a distinguishing version number and will be available at
http://www.panda3d.org/license.txt .

8. The License and the rights to use the Software granted hereunder
will terminate automatically if You fail to comply with the License or
the terms herein and fail to cure such breach within 30 days of
becoming aware of the breach.  All sublicenses to the Software which
are properly granted shall survive any termination of the License.
Provisions which, by their nature, must remain in effect beyond the
termination of the License shall survive.

9. These terms shall be governed by California law, excluding its
conflict-of-law provisions.

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