Cubit Business management software - licensing
andre
andre at cubit.co.za
Mon Jun 13 08:07:48 UTC 2005
Backround :
Cubit started development in 2001 (will be five years old
in a few months) It is a stable, mature, application and imho
will be a win for the world (as it is also semi OS platform
independant and there are thousands of php programmers)
Cubuit has also been developed by multiple PHP coders
over the past years in South Africa.
It is a PHP (plaintext) web browser based application
with all it's modules it is around 1 500 000 lines of code.
(excl whitespace)
It is running at thousands of sites in south africa and has
many very happy and satisfied clients (users)
I have studied the mozilla public license and various
others. Have also read the release about license proliferation.
We do want to release our code as open source and not
the current hybrid license as this causes great confusion
in our country. I have some serious concerns however and will
not at this point be able to use another license?
(can someone direct me to v3 of the gpl ? It has been
suggested by an expert that this license may work?)
We have no software patent legislation in South Africa, and
are indeed many years away from such attempted
legislation. I have been programming for the past
26 years and could show prior art and defend myself
quite nicely in my own country.
We cannot accept California or Europe or another
countries legal jurisdiction. Also I do not want anyone to
compile my code, php is executed as source code.
I have the following license (which imho complies with the definition)
would like to unfortunately add to the proliferation of licenses
(is this a bad thing?) and would really appreciate someone else's input,
assistance, flames, critique etc. thanks in advance for reading the
license at the end of this email.
Kindest Regards
Andre Coetzee
I would like comments before submitting the following license :
Open Cubit License 3.0
Definitions:
1.“License” means the open Cubit license, this license
2.“Developer” means anyone contributing to Cubit in any way
3.“Cubit” means the entire distribution, including all files, databases,
source code, graphics, the name “Cubit”, all systems, work flows, methods of
operation and processes and any or all intellectual property implied or
included in the Cubit Accounting and Business management software suite
distributed or released in any fashion through any medium whatsoever.
4.“Distribution” means any distribution of Cubit, making available thereof
electronic or otherwise
5.“Cubit Software Originator” means Cubit Accounting Software (Pty) Ltd. Or
it's in writing appointed agents
6.“Modification” or “Modify” means any customisation, addition, inclusion of
files, deletion or by omission, modification of the contents of any Cubit
file or graphic or the addition to any file in any way shape or form to Cubit
7.“You” means an individual or legal entity to which this license or future
versions of this license applies
8.References to the singular also means the plural and specific gender
references automatically includes the other gender
License Core:
The Cubit Software Originator grants you a royalty free, non-exclusive
license, subject to third party intellectual property claims, to:
Use, reproduce, modify and distribute Cubit freely.
Each developer grants you, subject to third party intellectual property
claims, a non-exclusive license to:
Use, reproduce, modify and distribute the modifications created by the
developer.
Any modifications to Cubit is governed by the terms of this license. Cubit is
executed as source code and you may never compile, obscure or cause to
obscure Cubit. You may not move this license or the top left Cubit graphic
and link or the name Cubit from any Cubit file.
General distribution:
Any modification must be made available under the terms of this license to
anyone that requests it and if such modification is not made freely available
on the www.cubit.co.za website transparently and to the world then you have
to make such modification available at your own financial cost for at least
48 months after it became available or was created whichever happened last.
You have to inform the world on the www.cubit.co.za website that you have
made such modification and document any modification or make such
documentation available on request.
Any application programming interface developed for Cubit must be licensed
under this license or the latest version of the GPL as available from
www.opensource.org
Developer declarations:
All developers declare that all modifications to Cubit are the developer's own
original creation or that the developer has sufficient rights to grant the
rights required in this license.
Disclaimer of Warranty:
Cubit is provided “as is” without warranty of any kind, either expressed or
implied, including without limitation that Cubit is free of defects,
merchantable, fit for a particular purpose or non-infringing. The entire risk
as to quality and performance of Cubit is with you. Should Cubit prove
defective in any respect, you and nobody else, assume the cost of any
necessary servicing, repair or correction. No use of Cubit is authorised
except under this license.
Litigation:
If you initiate litigation with regard to Cubit against anyone then all rights
granted you in terms of this license shall terminate automatically unless you
agree to pay the software originator or developer a mutually agreeable
royalty for your past and future use of Cubit or withdraw your litigation
claim.
Limitation of Liability:
Under no circumstances and under no legal theory whatsoever shall you, the
software originator any developer or anyone else be liable to you or anyone
else for any indirect, special, incidental, consequential or any other
damages of any kind. Even if you, the software originator any developer or
anyone else was informed of the possibility of such damage or losses. In
areas where applicable law prohibits clauses such as these you may not use
Cubit under this license.
Various:
This license shall be governed by South African law and any litigation
relating to this license shall be subject to the jurisdiction of the Randburg
magistrates court and thereafter any Supreme Court division of South Africa.
Multiple licensing:
Only the software originator may designate portions of Cubit as multiple
licensed. Multiple licensed means that the software originator permits you to
utilise portions or all of Cubit under your choice of this license or the
alternative licenses, if any, specified by the software originator.
If you have read this far, thank you very much and I would really appreciate
any feedback whatsoever
Have a great day !
;)
andre
More information about the License-discuss
mailing list