Vita Nuova Liberal Source Licence
Adam Hunt
kinema at gmail.com
Sat Jan 29 02:53:17 UTC 2005
Below is a license under which Inferno
(http://www.vitanuova.com/inferno/index.html) an OS focused on
distributed systems is licensed under. I didn't see the license on
opensource.org and was wondering if it had been evaluated for
compatibility. The text of the license can also be found at
http://www.vitanuova.com/inferno/liblicence.txt.
VITA NUOVA LIBERAL SOURCE LICENCE
29 May 2003
IMPORTANT NOTICE - READ CAREFULLY: This Licence Agreement
(``LICENCE'') is a legal agreement between you as an indi-
vidual person or organisation (``YOU'') and Vita Nuova Hold-
ings Limited (``VITA NUOVA'') (having an office at 3 Innova-
tion Close, York Science Park, University Road, York England
YO10 5ZF), for all or any portion of the software product
accompanying this LICENCE, which includes computer software
in binary and source code form, other information and docu-
mentation (``LICENSED SOFTWARE''), where a notice declares
that this LICENCE applies.
By copying (except for the sole purpose of making a backup
copy), using, modifying, or distributing all or part of YOUR
copy of the LICENSED SOFTWARE YOU accept all the terms and
conditions of this LICENCE. Distribution includes allowing
others to use YOUR copy directly or indirectly (eg, over a
computer network).
YOU may cancel this LICENCE without explanation or penalty
by ceasing to copy, use, modify or distribute the LICENSED
SOFTWARE.
Subject to the restrictions and conditions in Clause 2 below
and to third party intellectual property claims YOU MAY for
commercial or non-commercial purposes on a world-wide,
royalty-free, non-exclusive and perpetual basis (subject to
Clause 3):
1.1. make ADAPTATIONS of the LICENSED SOFTWARE in binary or
source code form. ADAPTATIONS means any work (ie
code, document, etc) based on the LICENSED SOFTWARE or
any part of it, for example (i) any work incorporating
the LICENSED SOFTWARE or any part of it, (ii) any work
incorporating any modified form of the LICENSED SOFT-
WARE or any part of it (eg where the LICENSED SOFTWARE
is rewritten in a different computer language or con-
verted to operate on a different type of CPU), or
(iii) any work otherwise covered by any of VITA
NUOVA's or any third party's intellectual property
rights in the LICENSED SOFTWARE.
1.2. use, copy and distribute the LICENSED SOFTWARE and/or
ADAPTATIONS in binary or source code form provided
that each copy of the LICENSED SOFTWARE and ADAPTA-
TIONS shall retain without change a copy of this
LICENCE and all notices related to it and retain all
existing copyright notices in files and directories.
Where non-trivial extracts are taken from the LICENSED
SOFTWARE YOU must ensure the extracts contain appro-
priate copyright notices based on the existing copy-
right notices pertaining to the files and/or directo-
ries from which the extracts were taken including a
reference to this LICENCE.
1.3. choose to offer and to make a charge for support, war-
ranties, indemnity or liability obligations (``Addi-
tional Terms'') provided always that YOU may only
offer such Additional Terms on YOUR own behalf and as
YOUR exclusive responsibility and not on behalf of
VITA NUOVA. If YOU offer Additional Terms YOU must
offer them under an agreement of YOUR own separate
from this one. YOU must obtain YOUR sub-licensees
agreement that any Additional Terms are offered by YOU
alone and YOU hereby agree to indemnify, defend hold
harmless VITA NUOVA its servants and agents for any
liability arising directly or indirectly as a result
of any such Additional Terms.
YOU shall have the right to determine the form and
content of any non-exclusive sub-licence provided that
YOU are in compliance with the terms of this licence
and that YOUR sub-licence does not attempt to limit or
change the recipient's rights in the LICENSED SOFTWARE
and licence conditions from those set forth in this
LICENCE in this Clause 1 and in Clause 2. YOUR right
to grant such sub-licence is always subject to the
terms of this LICENCE with VITA NUOVA. YOU agree that
in the event of any conflict or inconsistency between
any provision of this LICENCE and any sub-licence
granted under this Clause, this LICENCE shall prevail.
All rights not specifically and expressly granted under this
LICENCE are reserved by VITA NUOVA. Notwithstanding Clause
1 above:
2.1. If YOU distribute the LICENSED SOFTWARE or any ADAPTA-
TIONS of it to any other party in any form, with or
without fee, YOU MUST make the complete source code
including any ADAPTATIONS available to that party in
any mutually convenient form and license its use, mod-
ification, copying, and redistribution under terms no
more restrictive than those of Clause 1 and this
Clause 2 of this LICENCE.
2.2. If YOU use the LICENSED SOFTWARE or any ADAPTATIONS of
it as the basis or as supporting software for YOUR
software (``APPLICATION'') and YOU make the APPLICA-
TION available for use by any other party in any form,
with or without fee, YOU MUST make the complete source
code of the APPLICATION available to that party in any
mutually convenient form and license its use, modifi-
cation, copying, and redistribution under terms no
more restrictive than those of Clause 1 and this
Clause 2 of this LICENCE.
3.1. This LICENCE is effective until terminated. Without
prejudice to any other rights, VITA NUOVA has the
option to terminate this LICENCE by written notice if
YOU fail to comply with any term or condition of this
LICENCE. Further, YOU agree upon any termination of
this LICENCE to cease to use it in any manner whatso-
ever.
3.2. All sub-licences of the LICENSED SOFTWARE and any
ADAPTATIONS validly granted to third parties pursuant
to the terms of this LICENCE shall survive any termi-
nation of this LICENCE. Those terms of this LICENCE,
which by their nature survive the termination of this
LICENCE, shall remain in effect beyond any termination
of this LICENCE.
4.1. The LICENSED SOFTWARE is protected by copyright law
and international treaty provisions. YOU acknowledge
that all rights, title and interest (including but
without limitation all intellectual property rights)
in the LICENSED SOFTWARE will remain the exclusive
property of VITA NUOVA or its suppliers, and YOU will
not acquire any rights to the LICENSED SOFTWARE other
than those expressly set out in this LICENCE. VITA
NUOVA and its suppliers reserve all rights not
expressly granted to YOU, and no other licences are
granted or implied.
4.2. Subject to Clause 4.1 above, YOU shall own all rights
title and interest in any intellectual property rights
resulting from YOUR creation of ADAPTATIONS and addi-
tions to the LICENSED SOFTWARE.
5.1. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW
VITA NUOVA PROVIDES THE LICENSED SOFTWARE ON AN ``AS
IS'' BASIS AND DOES NOT WARRANT OR REPRESENT THAT THE
LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT
THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNIN-
TERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
LICENSED SOFTWARE WILL BE CORRECTED. THE LICENSED
SOFTWARE MAY CONTAIN IN WHOLE OR IN PART PRE-RELEASE,
UNTESTED OR NOT FULLY TESTED SOFTWARE. YOU EXPRESSLY
AGREE THAT THE USE OF THE LICENSED SOFTWARE OR ANY
PORTION THEREOF IS AT YOUR SOLE AND ENTIRE RISK. THE
LICENSED SOFTWARE IS PROVIDED WITHOUT UPGRADES OR SUP-
PORT OF ANY KIND AND VITA NUOVA AND ITS SUPPLIERS DIS-
CLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY
AND FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT OF THIRD PARTY RIGHTS, WITH REGARD TO THE
LICENSED SOFTWARE AND THE ACCOMPANYING WRITTEN MATERI-
ALS.
5.2. NOTHING IN THIS LICENCE LIMITS VITA NUOVA'S LIABILITY
TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY
RESULTING FROM THE NEGLIGENCE OR WILFUL DEFAULT OF
VITA NUOVA.
6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL VITA NUOVA OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES OR LOSS WHATSOEVER INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
LOSS OR DAMAGE, AND LOSS OF BUSINESS AND/OR PROFITS,
LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION OR DATA, OR ANY OTHER FINANCIAL LOSS ARIS-
ING OUT OF THE USE OF OR THE INABILITY TO USE THE
LICENSED SOFTWARE AND/OR ANY ADAPTATIONS, EVEN IF VITA
NUOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES. IN ANY CASE, VITA NUOVA'S AND ITS SUPPLIERS'
ENTIRE LIABILITY UNDER THIS LICENCE SHALL BE LIMITED
TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED
SOFTWARE.
7.1. YOU agree that the laws of England shall apply to any
dispute arising from this LICENCE. YOU agree for the
benefit of VITA NUOVA that the Courts of England have
exclusive jurisdiction to hear and decide any suit,
action or proceedings (``Proceedings''), and to settle
any disputes, which may arise out of or in connection
with this LICENCE and, for these purposes YOU irrevo-
cably submit to the jurisdiction of the English
Courts.
7.2. The submission to the jurisdiction of the English
Courts does not limit VITA NUOVA's right to take any
Proceedings in any one or more jurisdictions, nor does
the taking of Proceedings by VITA NUOVA in any one or
more jurisdictions preclude VITA NUOVA taking Proceed-
ings in another jurisdiction if and to the extent per-
mitted by applicable law.
8.1. This is the entire agreement between YOU and VITA
NUOVA which supersedes any prior agreement or under-
standing whether written or oral relating to the sub-
ject matter of this LICENCE.
8.2. YOU will in all YOUR dealings with the LICENSED SOFT-
WARE and any ADAPTATIONS act as an independent con-
tractor. Nothing in this LICENCE will be construed as
creating an agency, partnership, or any other legal
association between YOU and VITA NUOVA and YOU will
not represent that YOU have any authority to assume or
create any obligation express or implied on behalf of
VITA NUOVA.
8.3. A person who is not a party to this LICENCE shall have
no rights pursuant to the Contracts (Rights of Third
Parties) Act 1999 (the ``Act'') to enforce any term of
this LICENCE provided that a person who is the lawful
successor to or permitted assignee of the rights of a
party is considered to be a party to this LICENCE.
Any right or remedy of a third party which exists or
is available apart from the Act is not affected.
8.4. VITA NUOVA may from time to time and at its sole dis-
cretion publish a revised and/or new version of this
LICENCE which shall then govern the licensing of all
copies of LICENSED SOFTWARE supplied by VITA NUOVA
after the posting of such revised or new licence.
Should YOU have any questions regarding this LICENCE
or wish to contact VITA NUOVA for any reason visit our
web site at www.vitanuova.com for contact details.
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