Open Source Friendly License.
david at livemedia.com.au
Mon Dec 5 06:12:32 UTC 2005
After the OVLPL license was rejected I decided to go back and look at
what I was trying to accomplish with a software license. Taking the OSD
out of the picture, I came up with the following points:
* Allow the software to be distributed only as its original package.
* Allow people to use the software as a library in open source software
* Allow people to see the source code so that it can be used for
research and debugging purposes for personal use.
In effect I wanted to create an open source friendly license. The below
license is a first draft. This does not comply with the OSD and I do not
expect to attempt get OSI approval. It is based in part from the CDDL
I would appreciate any feedback on the license. Particular Section 3,
which provides the limitations. I suspect that if I allowed
modifications to be distributed as patch files (as is done with QPL)
then this may comply with OSD.
Thanks & Regards,
-------- Licence Start ----------
1.1. "Developer" means the individual or entity that first makes
Software available under this License.
1.2. “Executable” means the Software in any form other than Source Code.
1.3. “License” means this document
1.4. “Other Software” means computer software (whether in Source code or
Executable form) which is not governed by the terms of this Licence.
1.5. “Patent Claims” means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus
claims, in any patent Licensable by grantor.
1.6. “Software” means the Source Code and/or Executable form of computer
software code that is originally released under this License.
1.7. “Source Code” means (a) the common form of computer software code
in which modifications are made and (b) associated documentation
included in or with such code.
1.8. “You” (or “Your”) means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License. For
legal entities, “You” includes any entity which controls, is controlled
by, or is under common control with You. For purposes of this
definition, “control” means (a) the power, direct or indirect, to cause
the direction or management of such entity, whether by contract or
otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2. LICENSE GRANTS.
2.1. Conditioned upon Your compliance with Section 3 below and subject
to third party intellectual property claims, the Developer hereby grants
You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark)
Licensable by the Developer, to use, reproduce, modify, display,
perform, sublicense and distribute the Software; and
(b) under Patent Claims infringed by the making, using or selling of
Software, to make, have made, use, practice, sell, and offer for sale,
and/or otherwise dispose of the Software.
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the
date Developer first distributes or otherwise makes the software
available to a third party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted:
(1) for code that You delete from the Software, or (2) for infringements
caused by: (i) the modification of the Software, or (ii) the combination
of the Software with other software or devices.
3.1. You may copy and distribute the Software in unmodified form
provided that the entire package, including - but not restricted to -
copyright, trademark notices and disclaimers, as released by the
Developer of the Software, is distributed.
3.2. You may develop Other Software (application programs, reusable
components and other software items) that link with the Software. These
items, when distributed or otherwise made available, are subject to the
(a) The Other Software must be irrevocably made generally available to
the public at large under any license that is, or has at any prior date
been, approved by the Open Source Initiative (a California
not-for-profit corporation whose address is the Law Offices of Lawrence
E. Rosen, 702 Marshall St. Ste. 301, Redwood City, CA 94063).
(b) The end-user documentation included with the Other Software, if any,
must include the following acknowlegement:
"This product includes software developed with Argot
Alternately, this acknowlegement may appear in the Other Software
itself, if and wherever such third-party acknowlegements normally appear.
(c) You make sure the requirements of this License are fulfilled for the
3.3 You may make modifications to the Software for means of research,
evaluation, or development for the purpose of advancing knowledge,
teaching, learning, or customizing the Software or modifications for
4. DISCLAIMER OF WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE APPLICABLE
JURISDICTION, SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS”
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS
WITH YOU. SHOULD ANY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT
THE DEVELOPER) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THIS LICENSE. NO USE OF ANY SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER. IN SO FAR AS LIABILITY UNDER OR PURSUANT TO SUCH
LEGISLATION MAY NOT BE EXCLUDED, SUCH LIABILITY IS LIMITED AT THE
EXCLUSIVE OPTION OF THE DEVELOPER, AS THE CASE MAY BE, TO: (i) THE
PROVISION OF ANOTHER COPY OF THE SOFTWARE; OR (ii) THE PAYMENT OF THE
COST OF OBTAINING ANOTHER COPY OF THE SOFTWARE.
5.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. Provisions
which, by their nature, must remain in effect beyond the termination of
this License shall survive.
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judgment actions) against Developer alleging that the Developer Software
directly or indirectly infringes any patent, then any and all rights
granted directly or indirectly to You by the Developer, upon 60 days
notice from Developer terminate prospectively and automatically at the
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period You withdraw Your claim with respect to the Developer Software
against such Participant either unilaterally or pursuant to a written
agreement with Participant.
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end user licenses that have been validly granted by You or any
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NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
OTHERWISE, SHALL YOU, THE DEVELOPER, OR ANY DISTRIBUTOR OF THE SOFTWARE,
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INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, 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 PARTY’S 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.
This License represents the complete agreement concerning 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 the law of the
jurisdiction specified in a notice contained within the Software (except
to the extent applicable law, if any, provides otherwise), excluding
such jurisdiction’s conflict-of-law provisions. Any litigation relating
to this License shall be subject to the jurisdiction of the courts
located in the jurisdiction and venue specified in a notice contained
within the Software, with the losing party responsible for costs,
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law or regulation which provides that the language of a contract shall
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agree that You alone are responsible for compliance with the United
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and regulation of any other countries) when You use, distribute or
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David Ryan. aka Oobles.
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