Open Source Friendly License.

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 
only.
* 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 
and QPL.

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,
David.

-------- Licence Start ----------

1. DEFINITIONS.

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. LIMITATIONS.

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 
following requirements:

(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 
(http://www.einet.com.au/)."
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 
Software.

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 
personal use.

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. TERMINATION.

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.

5.2. If You assert a patent infringement claim (excluding declaratory 
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 
expiration of such 60 day notice period, unless if within such 60 day 
period You withdraw Your claim with respect to the Developer Software 
against such Participant either unilaterally or pursuant to a written 
agreement with Participant.

5.3. In the event of termination under Sections 5.1 or 5.2 above, all 
end user licenses that have been validly granted by You or any 
distributor hereunder prior to termination (excluding licenses granted 
to You by any distributor) shall survive termination.

7. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER 
NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR 
OTHERWISE, SHALL YOU, THE DEVELOPER, OR ANY DISTRIBUTOR OF THE SOFTWARE, 
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 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.

9. MISCELLANEOUS.

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, 
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. Any 
law or regulation which provides that the language of a contract shall 
be construed against the drafter shall not apply to this License. You 
agree that You alone are responsible for compliance with the United 
States export administration regulations (and the export control laws 
and regulation of any other countries) when You use, distribute or 
otherwise make available any Software.

-- 
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David Ryan. aka Oobles.
http://www.livemedia.com.au/Blog