For Approval: OSPI License 1.0

Mon Feb 23 20:30:27 UTC 2004

I sent this message back in August 2003 to the license-discuss list, and
then in October realized my mistake and sent it to the license-approval
list. I haven't received a response yet and was wondering if I've done
something wrong.

Chris.

[original message below]

In accordance with the procedures described at opensource.org, please
consider the OSPI License for OSI Certification. The Open Source Portfolio
Initiative (OSPI) is a relatively new project formed to provide electronic
portfolio software for use in education. Find out more about our initiative
at www.theospi.org.

SECTION 1
This license is most similar to the Jabber Open Source License (JOSL).
Because that license has direct references to Jabber, Inc., and Jabber.com,
and Jabber software, it did not suit our needs as is. We changed the
following:

"Jabber" or "Jabber.con, Inc." shall be changed to read "the Open Source
Portfolio Initiative" or "OSPI" in each instance in the License.

"Open Source Portfolio Initiative (OSPI)" shall be defined to mean the
"Licensor" and "the founding members of OSPI consist of Regents of the
University of Minnesota (University of Minnesota), the University of
Delaware, and the r-smart group, inc." in the License.

Governing law shall be changed to "Minnesota" and legal venue shall be
changed to "Hennepin County, Minnesota" in section 13 of the License.

Copyrights section in the License shall be changed to read in its entirety: 
"Portions created by or assigned to the University of Minnesota are
Copyright (c) 2003 Regents of the University of Minnesota.  All Rights
Reserved. Contact information for OSPI is available at
http://www.theospi.org/. 
Portions Copyright (c) 2003 the r-smart group, inc.
Portions Copyright (c) 2003 The University of Delaware." 

Acknowledgements section in the License shall be changed to read in its
entirety: "Special thanks to the OSPI Users and Contributors for their
suggestions and support."

Modifications section of the License shall initially be deleted in its
entirety, but additional information shall be added in time in accordance
with the terms of the License.

Credit Line:
The second sentence of the Preamble of the License shall be changed to read
in its entirety: "This License is based on the Jabber Open Source License
Version 1.0 and complies with the Open Source Definition and has been
submitted for approval by the Open Source Initiative." 

We also obtained permission from Peter Saint-Andre, Executive Director of
the Jabber Software Foundation to use the license and modify it.

*** SECTION 2 ***
Software distributed under the OSPI license can be distributed along with
software distributed under other licenses. As long as the conditions of the
OSPI license continue to be met, combined and derivative works can be
distributed under any other OSI Certified license as well. I don't think
there are other licenses that are completely incompatible.

*** SECTION 3 ***
Below find the full text of the license between the <ospi license> and
</ospi license> tags. In addition, the license is present at
http://www.theospi.org/resources/OSPILicense.html

<ospi license>

OSPI License
Version 1.0
This OSPI License (the "License") applies to the open source portfolio (OSP)
and related software products as well as any updates or maintenance releases
of that software ("OSPI Products") that are distributed by the Open Source
Portfolio Initiative (OSPI) ("Licensor"), and the founding members of OSPI
consist of Regents of the University of Minnesota (University of Minnesota),
the University of Delaware, and the r-smart group, inc. Any OSPI 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 is based on the Jabber Open Source License Version 1.0 and
complies with the Open Source Definition and has been submitted for approval
by the Open Source Initiative.

This License provides that:

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.

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.)

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.)

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.

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.

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.

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

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:

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.

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.

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:

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.

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.

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.

Your Obligations Regarding Distribution. 

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).

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.

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.

Intellectual Property Matters. 

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.

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.

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.

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.

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. 

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. 

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. 

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.

Versions of This License.

New Versions. Licensor may publish from time to time revised and/or new
versions of the License. 

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.

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.

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.

Termination. 

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.

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.

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.

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.

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. 

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.

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.

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 Minnesota 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 District of Minnesota or the
Courts of the County of Hennepin, Minnesota (as appropriate), with venue
lying in Hennepin County, Minnesota, 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.

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.

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 OSPI License. (See first paragraph of License)

Licensed Product: Any OSPI 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: The Open Source Portfolio Initiative (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 hereto. 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 OSPI 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.theospi.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 The University of Minnesota are Copyright
(c) 2003 Regents of the University of Minnesota. All Rights Reserved.
Contact information for OSPI is available at http://www.theospi.org/.

Acknowledgements

Special thanks to the OSPI Users and Contributors for their suggestions and
support.

</ospi license>

Thanks for your consideration,

Chris.

Christopher D. Coppola 
chris.coppola at rsmart.com 
the r-smart group 
602.840.7300 Office 
602.840.7500 Fax 
602.369.8931 Mobile 
6023698931 at messaging.sprintpcs.com (SMS) 

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