For Approval: Open Vendor Public License (OVPL) and Open Vendor Lesser Public License (OVLPL)
Alex Bligh
alex at alex.org.uk
Wed Jun 15 14:36:59 UTC 2005
Hi,
The second Thursday of the month having passed a week ago (and
a week after submitting this), is there any update on this?
Alex
--On 03 June 2005 21:34 +0100 Alex Bligh <alex at alex.org.uk> wrote:
> This message is a formal request for approval of two licenses, brought to
> you by OpenVendor.org (which is currently David Ryan and me, until we put
> together something more formal). These are the OVPL and OVLPL (Open Vendor
> Public License, and Open Vendor Lesser Public License).
>
> You can find the licenses at:
> http://www.openvendor.org/
>
> As this is a formal request for approval, and the OSI web site specifies
> how such a request should be made, you will find plain text versions
> of the licenses at the foot of this email.
>
> Subject to approval, we will:
> a) Form the legal body which is the license steward (not much point
> in doing this until the license is approved) and insert its name
> into the appropriate place within the license.
> b) Change the version number to 1.0
>
> For the avoidance of doubt, no further changes are planned if the
> license is approved. If it is not, we will of course review it.
>
> There is a full description of the rationale for this pair or new
> licenses at:
> http://openvendor.org/kb.x?T=15
> plus a list of changes from the base license (the CDDL). What
> follows is a summary.
>
> The remainder of this message gives some background to the OVPL and
> OVLPL which remains unchanged since our previous announcement.
>
> These licenses are constructed for a specific purpose: to allow projects
> that have been developed in a commercial closed-source environment to be
> released into an open-source environment, whilst allowing the commercial
> developer to maintain their own "commercial" version. We thus do NOT
> recommend them for new open-source only projects.
>
> The licenses are modern reciprocal licenses with patent defence clauses,
> and are jurisdiction-neutral. There are several licenses achieving
> this goal.
>
> The first significant requirement is that modifications contributed by the
> developer community are not only licensed to all under the general times
> of
> the license, but there is a specific additional grant of rights to the
> Initial Developer, allowing him to use that modifications in an
> unrestricted manner (including in the commercial closed-source version of
> his code), provided that he continues to make such modifications available
> in a future version of the open-source version as well. This is similar to
> Clause 3(b) of the QPL. The intent here is to ensure future compatibility
> between both closed-source, and open-source trees. Clearly, the Initial
> Developer is granted substantial additional rights beyond that of any
> other
> contributor, and is unlikely to be a viable option for wholly open-source
> projects; however, in the circumstances where this license is likely to be
> deployed, where the Initial Developer is considering contributing
> considerable amounts of code, it provides both a substantial incentive to
> release code for the benefit of the Open Source community, and a mechanism
> of doing so which protects the Initial Developer’s existing revenue base
> and code compatibility.
>
> We believe this first requirement is not met by any of the existing
> OSI-approved licenses, except for the QPL. The QPL suffers from a number
> of other problems, not least being locked to Norwegian jurisdiction.
>
> The second significant requirement is that in one version of the license
> (the Open Vendor Lesser Public License), which, like the LGPL, is focussed
> on libraries and toolkits, the code can be linked with other open source
> projects, without those projects being considered derived works and thus
> falling under the terms of the license itself.
>
> These licenses are based on Sun Microsystems' CDDL. We emphasize that
> Sun has not endorsed or indeed played any part in the development of
> these licenses, beyond their genereous grant to all third parties
> of the right to use and modify their own license, which we gratefully
> acknowledge. We have made the OVPL and OVLPL available under similar
> terms for the community.
>
> In summary, the licenses are:
> * Based on the CDDL
> * Reciprocal in nature
> * Modern
> * Contain patent defence clauses
> * Jurisdiction neutral
> * Allow 'version rolling' of the licenses, but equally allow a developer
> to use a static version
> * Grant an additional license to the Initial Developer for modifications
> that are distributed.
>
> PLEASE NOTE THAT AS THE LICENSES HAVE NOT YET BEEN APPROVED, THE LICENSES
> MAY NOT BE IN FINAL FORM. THEREFORE WE RECOMMEND THEY ARE NOT USED UNTIL
> VERSION 1.0 IS PUBLISHED.
>
> Alex
>
> ------- START OPEN VENDOR PUBLIC LICENSE (OVPL) ---------
>
> OPEN VENDOR PUBLIC LICENSE (OVPL)
>
> Version 0.07
>
>
> This License shall apply to any software distributed under the Open
> Vendor Public License ("OVPL");
>
>
> 1. DEFINITIONS.
>
> 1.1. "Contributor" means each individual or entity that creates
> or contributes to the creation of Modifications.
>
> 1.2. "Contributor Version" means the combination of the Original
> Software, prior Modifications used by a Contributor (if any), and the
> Modifications made by that particular Contributor.
>
> 1.3. "Covered Software" means (a) the Original Software, or (b)
> Modifications, or (c) the combination of files containing Original
> Software with files containing Modifications, in each case including
> portions thereof.
>
> 1.4. "Executable" means the Covered Software in any form other
> than Source Code.
>
> 1.5 "Future Versions" means future versions of the Original
> Software and any Modifications thereto used, reproduced, modified,
> displayed, performed, sublicensed, distributed or otherwise made
> available by the Initial Developer under the terms of this License or
> otherwise.
>
> 1.6. "Initial Developer" means the individual or entity that
> first makes Original Software available under this License.
>
> 1.7. "Larger Work" means a work which combines Covered Software
> or portions thereof with Other Software, but only to the extent that
> such combination wholly consists of mere aggregation of the Covered
> Software and the Other Software, which shall exclude, without
> limitation, Other Software which, in order to be transformed from
> Source Code form to Executable form, requires use of the Covered
> Software in any form.
>
> 1.8. "Licensable"means having the right to grant, to the maximum
> extent possible, whether at the time of the initial grant or
> subsequently acquired, any and all of the rights conveyed herein.
>
> 1.9. "License" means this document
>
> 1.10. "Licensed Modification" means Modifications that You
> contribute, distribute, or otherwise make available whether in Source
> Code form or in Executable form.
>
> 1.11. "Modifications" means the Source Code and Executable form of
> any of the following:
>
> A. Any file that results from an addition to, deletion from or
> modification of the contents of a file containing Original Software or
> prior Modifications;
>
> B. Any new file that contains any part of the Original Software
> or prior Modification;
>
> C. Any new file that is contributed or otherwise made available
> under the terms of this License;
>
> D. Any new file distributed or otherwise made available with
> the Original Software or prior Modifications that, in order to be
> converted into Executable form, requires access to the Original Code
> or prior Modifications including without limitation, access to
> interface definition files such as "header files";
>
> E. Any file which is otherwise, in whole or in part, derived
> from the Original Software or prior Modifications, or part thereof.
>
> 1.12. "Original Software" means the Source Code and Executable form
> of computer software code that is originally released under this
> License.
>
> 1.13. "Other Software" means computer software (whether in Source
> code or Executable form) which is not governed by the terms of this
> Licence.
>
> 1.14. "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.
>
> 1.15. "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.
>
> 1.16. "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. The Initial Developer Grant.
>
> Conditioned upon Your compliance with Section 3 below and subject to
> third party intellectual property claims, the Initial Developer hereby
> grants You a world-wide, royalty-free, non-exclusive license:
>
> (a) under intellectual property rights (other than patent or
> trademark) Licensable by Initial Developer, to use, reproduce, modify,
> display, perform, sublicense and distribute the Original Software (or
> portions thereof), with or without Modifications, and/or as part of a
> Larger Work; and
>
> (b) under Patent Claims infringed by the making, using or
> selling of Original Software, to make, have made, use, practice, sell,
> and offer for sale, and/or otherwise dispose of the Original Software
> (or portions thereof).
>
> (c) The licenses granted in Sections 2.1(a) and (b) are
> effective on the date Initial Developer first distributes or otherwise
> makes the Original 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 Original Software, or
> (2) for infringements caused by: (i) the modification of the Original
> Software, or (ii) the combination of the Original Software with other
> software or devices.
>
> 2.2. Contributor Grant.
>
> Conditioned upon Your compliance with Section 3 below and subject to
> third party intellectual property claims, each Contributor hereby
> grants You a world-wide, royalty-free, non-exclusive license:
>
> (a) under intellectual property rights (other than patent or
> trademark) Licensable by Contributor to use, reproduce, modify,
> display, perform, sublicense and distribute the Modifications created
> by such Contributor (or portions thereof), either on an unmodified
> basis, with other Modifications, as Covered Software and/or as part of
> a Larger Work; and
>
> (b) under Patent Claims infringed by the making, using, or
> selling of Modifications made by that Contributor either alone and/or
> in combination with its Contributor Version (or portions of such
> combination), to make, use, sell, offer for sale, have made, and/or
> otherwise dispose of: (1) Modifications made by that Contributor (or
> portions thereof); and (2) the combination of Modifications made by
> that Contributor with its Contributor Version (or portions of such
> combination).
>
> (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
> effective on the date Contributor first distributes or otherwise makes
> the Modifications available to a third party.
>
> (d) Notwithstanding Section 2.2(b) above, no patent license is
> granted: (1) for any code that Contributor has deleted from the
> Contributor Version; (2) for infringements caused by: (i) third party
> modifications of Contributor Version, or (ii) the combination of
> Modifications made by that Contributor with other software (except as
> part of the Contributor Version) or other devices; or (3) under Patent
> Claims infringed by Covered Software in the absence of Modifications
> made by that Contributor.
>
> 3. DISTRIBUTION OBLIGATIONS.
>
> 3.1. Availability of Source Code.
>
> Any Covered Software that You distribute or otherwise make available
> in Executable form must also be made available in Source Code form and
> that Source Code form must be distributed only under the terms of this
> License. You must include a copy of this License with every copy of
> the Source Code form of the Covered Software You distribute or
> otherwise make available. You must inform recipients of any such
> Covered Software in Executable form as to how they can obtain such
> Covered Software in Source Code form in a reasonable manner on or
> through a medium customarily used for software exchange.
>
> 3.2. Modifications.
>
> The Modifications that You create or to which You contribute are
> governed by the terms of this License. You represent that You believe
> Your Modifications are Your original creation(s) and/or You have
> sufficient rights to grant the rights conveyed by this License.
>
> 3.3. Additional License of Modifications to Initial Developer.
>
> To the fullest extent permitted by law, in addition to the license
> granted under clause 2, You hereby grant a perpetual, irrevocable,
> world-wide royalty-free, sub-licensable, non-exclusive license to the
> Licensed Modifications to the Initial Developer in respect of Future
> Versions:
>
> (a) under intellectual property rights (other than patent or
> trademark) Licensable by You to use, reproduce, modify, display,
> perform, sublicense, and distribute the Licensed Modifications (or
> portions thereof); and
>
> (b) under Patent Claims infringed by the making, using, or
> selling of Licensed Modifications either alone and/or in combination
> with the Original Software and prior Modifications used by You (or
> portions of such combination), to make, use, sell, offer for sale,
> have made, and/or otherwise dispose of: (1) the Licensed Modifications
> (or portions thereof); and (2) the combination of the Licensed
> Modifications, the Original Software and prior Modifications used by
> You (or portions of such combination)
>
> BUT SUCH GRANT SHALL BE AND SHALL REMAIN CONDITIONAL UPON the Initial
> Developer procuring that in respect of each Future Version:
>
> (i) all Licensed Modifications incorporated in that Future
> Version; and
>
> (ii) either that Future Version or another Future Version
> incorporating the same Licensed Modifications (possibly together with
> other Modifications)
>
> are made and remain generally available to the public at large under
> the terms of this License or a subsequent version of this License
> released under Section 4.1, with the Initial Developer identified as
> such therein, in addition to under any other license(s) of the Initial
> Developer if any. Such license shall be effective on the date that You
> first distributed such Modifications and shall apply to the
> Modifications both in the form contributed, distributed or otherwise
> made available and in Source Code form. If You do not make all of your
> Licensed Modifications irrevocably generally available to the public
> at large, then, upon written request of the Initial Developer, You
> must promptly provide, at the Initial Developer's cost, a copy of all
> Licensed Modifications together with the date at which each grant
> thereto became effective. For the avoidance of doubt, in the absence
> of such a request, You are not required under this Section to notify
> the Initial Developer if you contribute, distribute, or otherwise make
> available Modifications.
>
> 3.4. Required Notices.
>
> You must include a notice in each of Your Modifications that
> identifies You as the Contributor of the Modification. You may not
> remove or alter any copyright, patent or trademark notices contained
> within the Covered Software, or any notices of licensing or any
> descriptive text giving attribution to any Contributor or the Initial
> Developer.
>
> 3.5. Application of Additional Terms.
>
> You may not offer or impose any terms on any Covered Software in
> Source Code form that alters or restricts the applicable version of
> this License or the recipients' rights hereunder. You may choose to
> offer, and to charge a fee for, warranty, support, indemnity or
> liability obligations to one or more recipients of Covered Software.
> However, you may do so only on Your own behalf, and not on behalf of
> the Initial Developer or any Contributor. You must make it absolutely
> clear that any such warranty, support, indemnity or liability
> obligation is offered by You alone, and You hereby agree to indemnify
> the Initial Developer and every Contributor for any liability incurred
> by the Initial Developer or such Contributor as a result of warranty,
> support, indemnity or liability terms You offer.
>
> 3.6. Distribution of Executable Versions.
>
> You may distribute the Executable form of the Covered Software under
> the terms of this License or under the terms of a license of Your
> choice, which may contain terms different from this License, provided
> that You are in compliance with the terms of this License and that the
> license for the Executable form does not attempt to limit or alter the
> recipient's rights in the Source Code form from the rights set forth
> in this License. If You distribute the Covered Software in Executable
> form under a different license, You must make it absolutely clear that
> any terms which differ from this License are offered by You alone, not
> by the Initial Developer or Contributor. You hereby agree to indemnify
> the Initial Developer and every Contributor for any liability incurred
> by the Initial Developer or such Contributor as a result of any such
> terms You offer.
>
> 3.7. Larger Works.
>
> You may create a Larger Work by combining Covered Software with other
> code not governed by the terms of this License and distribute the
> Larger Work as a single product. In such a case, You must make sure
> the requirements of this License are fulfilled for the Covered
> Software.
>
> 4. Versions of the License.
>
> 4.1. New Versions.
>
> [OpenVendor Ltd - insert name] is the initial license steward and may
> publish revised and/or new versions of this License from time to time.
> Each version will be given a distinguishing version number. Except as
> provided in Section 4.3, no one other than the license steward has the
> right to modify this License.
>
> 4.2. Effect of New Versions.
>
> You may always continue to use, distribute or otherwise make the
> Covered Software available under the terms of the version of the
> License under which You originally received the Covered Software. If
> the Initial Developer includes a notice in the Original Software
> prohibiting it from being distributed or otherwise made available
> under any subsequent version of the License, You must distribute and
> make the Covered Software available under the terms of the version of
> the License under which You originally received the Covered Software.
> Otherwise, You may also choose to use, distribute or otherwise make
> the Covered Software available under the terms of any subsequent
> version of the License published by the license steward.
>
> 4.3. Modified Versions.
>
> When You are an Initial Developer and You want to create a new license
> for Your Original Software, You may create and use a modified version
> of this License if You: (a) rename the license and remove any
> references to the name of the license steward (except to note that the
> license differs from this License); and (b) otherwise make it clear
> that the license contains terms which differ from this License.
>
> 5. DISCLAIMER OF WARRANTY.
>
> TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE APPLICABLE
> JURISDICTION, COVERED 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 COVERED
> 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 COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED
> SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
> DEVELOPER 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 ANY COVERED
> 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
> INITIAL DEVELOPER OR CONTRIBUTOR, AS THE CASE MAY BE, TO: (i) THE
> PROVISION OF ANOTHER COPY OF THE COVERED SOFTWARE; OR (ii) THE PAYMENT
> OF THE COST OF OBTAINING ANOTHER COPY OF THE COVERED SOFTWARE.
>
> 6. TERMINATION.
>
> 6.1. 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.
>
> 6.2. If You assert a patent infringement claim (excluding
> declaratory judgment actions) against Initial Developer or a
> Contributor (the Initial Developer or Contributor against whom You
> assert such claim is referred to as "Participant") alleging that the
> Participant Software (meaning the Contributor Version where the
> Participant is a Contributor or the Original Software where the
> Participant is the Initial Developer) directly or indirectly infringes
> any patent, then any and all rights granted directly or indirectly to
> You by such Participant, the Initial Developer (if the Initial
> Developer is not the Participant) and all Contributors under Sections
> 2.1 and/or 2.2 of this License shall, upon 60 days notice from
> Participant 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 Participant
> Software against such Participant either unilaterally or pursuant to a
> written agreement with Participant.
>
> 6.3. In the event of termination under Sections 6.1 or 6.2 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 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR,
> OR ANY DISTRIBUTOR OF COVERED 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.
>
> 8. U.S. GOVERNMENT END USERS.
>
> The Covered Software is a "commercial item," as that term is defined
> in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
> software" (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1))
> 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 Covered Software with only those
> rights set forth herein. This U.S. Government Rights clause is in lieu
> of, and supersedes, any other FAR, DFAR, or other clause or provision
> that addresses Government rights in computer software under this
> License.
>
> 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
> Original 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 Original 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 Covered Software.
>
> 10. RESPONSIBILITY FOR CLAIMS.
>
> As between Initial Developer and the Contributors, each party is
> responsible for claims and damages arising, directly or indirectly,
> out of its utilization of rights under this License and You agree to
> work with Initial Developer and Contributors to distribute such
> responsibility on an equitable basis. Nothing herein is intended or
> shall be deemed to constitute any admission of liability.
>
>
> ------- END OPEN VENDOR PUBLIC LICENSE (OVPL) ---------
>
> ------- START OPEN VENDOR LESSER PUBLIC LICENSE (OVLPL) ---------
>
> OPEN VENDOR LESSER PUBLIC LICENSE (OLVPL)
>
> Version 0.07
>
>
> This License shall apply to any software distributed under the Open
> Vendor Lesser Public License ("OVLPL");
>
>
> 1. DEFINITIONS.
>
> 1.1. "Contributor" means each individual or entity that creates
> or contributes to the creation of Modifications.
>
> 1.2. "Contributor Version" means the combination of the Original
> Software, prior Modifications used by a Contributor (if any), and the
> Modifications made by that particular Contributor.
>
> 1.3. "Covered Software" means (a) the Original Software, or (b)
> Modifications, or (c) the combination of files containing Original
> Software with files containing Modifications, in each case including
> portions thereof.
>
> 1.4. "Executable" means the Covered Software in any form other
> than Source Code.
>
> 1.5 "Future Versions" means future versions of the Original
> Software and any Modifications thereto used, reproduced, modified,
> displayed, performed, sublicensed, distributed or otherwise made
> available by the Initial Developer under the terms of this License or
> otherwise.
>
> 1.6. "Initial Developer" means the individual or entity that
> first makes Original Software available under this License.
>
> 1.7. "Larger Work" means a work which combines Covered Software
> or portions thereof with Other Software, but only to the extent that
> such combination wholly consists of either of the of the following or
> a combination thereof:
>
> A. mere aggregation of the Covered Software and the Other
> Software, which shall exclude, without limitation, Other Software
> which, in order to be transformed from Source Code form to Executable
> form, requires use of the Covered Software in any form; or
>
> B. combination of the Covered Software with Other Software
> which is entirely composed of Qualifying Software.
>
> 1.8. "Licensable"means having the right to grant, to the maximum
> extent possible, whether at the time of the initial grant or
> subsequently acquired, any and all of the rights conveyed herein.
>
> 1.9. "License" means this document
>
> 1.10. "Licensed Modification" means Modifications that You
> contribute, distribute, or otherwise make available whether in Source
> Code form or in Executable form.
>
> 1.11. "Modifications" means the Source Code and Executable form of
> any of the following:
>
> A. Any file that results from an addition to, deletion from or
> modification of the contents of a file containing Original Software or
> prior Modifications;
>
> B. Any new file that contains any part of the Original Software
> or prior Modification;
>
> C. Any new file that is contributed or otherwise made available
> under the terms of this License;
>
> D. Any new file other than one forming part of Qualifying
> Software, distributed or otherwise made available with the Original
> Software or prior Modifications that, in order to be converted into
> Executable form, requires access to the Original Code or prior
> Modifications including without limitation, access to interface
> definition files such as "header files";
>
> E. Any file other than one forming part of Qualifying
> Software, which is otherwise, in whole or in part, derived from the
> Original Software or prior Modifications, or part thereof.
>
> 1.12. "Original Software" means the Source Code and Executable form
> of computer software code that is originally released under this
> License.
>
> 1.13. "Other Software" means computer software (whether in Source
> code or Executable form) which is not governed by the terms of this
> Licence.
>
> 1.14. "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.
>
> 1.15. "Qualifying License" means the Open Vendor Public License,
> the Open Vendor Lesser Public License, or 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).
>
> 1.16. "Qualifying Software" means any work that:
>
> A. has been irrevocably made generally available to the
> public at large under a Qualifying License; and
>
> B. does not constitute a derived work of the Original
> Software or any prior Modification or part thereof, or would not
> constitute a derived work of the Original Software or any prior
> Modification or part thereof but for the use, during the process of
> conversion between Source Code form and Executable form, of interface
> definition files such as "header files" of the Original Software or
> prior Modifications.
>
> 1.17. "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.
>
> 1.18. "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. The Initial Developer Grant.
>
> Conditioned upon Your compliance with Section 3 below and subject to
> third party intellectual property claims, the Initial Developer hereby
> grants You a world-wide, royalty-free, non-exclusive license:
>
> (a) under intellectual property rights (other than patent or
> trademark) Licensable by Initial Developer, to use, reproduce, modify,
> display, perform, sublicense and distribute the Original Software (or
> portions thereof), with or without Modifications, and/or as part of a
> Larger Work; and
>
> (b) under Patent Claims infringed by the making, using or
> selling of Original Software, to make, have made, use, practice, sell,
> and offer for sale, and/or otherwise dispose of the Original Software
> (or portions thereof).
>
> (c) The licenses granted in Sections 2.1(a) and (b) are
> effective on the date Initial Developer first distributes or otherwise
> makes the Original 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 Original Software, or
> (2) for infringements caused by: (i) the modification of the Original
> Software, or (ii) the combination of the Original Software with other
> software or devices.
>
> 2.2. Contributor Grant.
>
> Conditioned upon Your compliance with Section 3 below and subject to
> third party intellectual property claims, each Contributor hereby
> grants You a world-wide, royalty-free, non-exclusive license:
>
> (a) under intellectual property rights (other than patent or
> trademark) Licensable by Contributor to use, reproduce, modify,
> display, perform, sublicense and distribute the Modifications created
> by such Contributor (or portions thereof), either on an unmodified
> basis, with other Modifications, as Covered Software and/or as part of
> a Larger Work; and
>
> (b) under Patent Claims infringed by the making, using, or
> selling of Modifications made by that Contributor either alone and/or
> in combination with its Contributor Version (or portions of such
> combination), to make, use, sell, offer for sale, have made, and/or
> otherwise dispose of: (1) Modifications made by that Contributor (or
> portions thereof); and (2) the combination of Modifications made by
> that Contributor with its Contributor Version (or portions of such
> combination).
>
> (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
> effective on the date Contributor first distributes or otherwise makes
> the Modifications available to a third party.
>
> (d) Notwithstanding Section 2.2(b) above, no patent license is
> granted: (1) for any code that Contributor has deleted from the
> Contributor Version; (2) for infringements caused by: (i) third party
> modifications of Contributor Version, or (ii) the combination of
> Modifications made by that Contributor with other software (except as
> part of the Contributor Version) or other devices; or (3) under Patent
> Claims infringed by Covered Software in the absence of Modifications
> made by that Contributor.
>
> 3. DISTRIBUTION OBLIGATIONS.
>
> 3.1. Availability of Source Code.
>
> Any Covered Software that You distribute or otherwise make available
> in Executable form must also be made available in Source Code form and
> that Source Code form must be distributed only under the terms of this
> License. You must include a copy of this License with every copy of
> the Source Code form of the Covered Software You distribute or
> otherwise make available. You must inform recipients of any such
> Covered Software in Executable form as to how they can obtain such
> Covered Software in Source Code form in a reasonable manner on or
> through a medium customarily used for software exchange.
>
> 3.2. Modifications.
>
> The Modifications that You create or to which You contribute are
> governed by the terms of this License. You represent that You believe
> Your Modifications are Your original creation(s) and/or You have
> sufficient rights to grant the rights conveyed by this License.
>
> 3.3. Additional License of Modifications to Initial Developer.
>
> To the fullest extent permitted by law, in addition to the license
> granted under clause 2, You hereby grant a perpetual, irrevocable,
> world-wide royalty-free, sub-licensable, non-exclusive license to the
> Licensed Modifications to the Initial Developer in respect of Future
> Versions:
>
> (a) under intellectual property rights (other than patent or
> trademark) Licensable by You to use, reproduce, modify, display,
> perform, sublicense, and distribute the Licensed Modifications (or
> portions thereof); and
>
> (b) under Patent Claims infringed by the making, using, or
> selling of Licensed Modifications either alone and/or in combination
> with the Original Software and prior Modifications used by You (or
> portions of such combination), to make, use, sell, offer for sale,
> have made, and/or otherwise dispose of: (1) the Licensed Modifications
> (or portions thereof); and (2) the combination of the Licensed
> Modifications, the Original Software and prior Modifications used by
> You (or portions of such combination)
>
> BUT SUCH GRANT SHALL BE AND SHALL REMAIN CONDITIONAL UPON the Initial
> Developer procuring that in respect of each Future Version:
>
> (i) all Licensed Modifications incorporated in that Future
> Version; and
>
> (ii) either that Future Version or another Future Version
> incorporating the same Licensed Modifications (possibly together with
> other Modifications)
>
> are made and remain generally available to the public at large under
> the terms of this License or a subsequent version of this License
> released under Section 4.1, with the Initial Developer identified as
> such therein, in addition to under any other license(s) of the Initial
> Developer if any. Such license shall be effective on the date that You
> first distributed such Modifications and shall apply to the
> Modifications both in the form contributed, distributed or otherwise
> made available and in Source Code form. If You do not make all of your
> Licensed Modifications irrevocably generally available to the public
> at large, then, upon written request of the Initial Developer, You
> must promptly provide, at the Initial Developer's cost, a copy of all
> Licensed Modifications together with the date at which each grant
> thereto became effective. For the avoidance of doubt, in the absence
> of such a request, You are not required under this Section to notify
> the Initial Developer if you contribute, distribute, or otherwise make
> available Modifications.
>
> 3.4. Required Notices.
>
> You must include a notice in each of Your Modifications that
> identifies You as the Contributor of the Modification. You may not
> remove or alter any copyright, patent or trademark notices contained
> within the Covered Software, or any notices of licensing or any
> descriptive text giving attribution to any Contributor or the Initial
> Developer.
>
> 3.5. Application of Additional Terms.
>
> You may not offer or impose any terms on any Covered Software in
> Source Code form that alters or restricts the applicable version of
> this License or the recipients' rights hereunder. You may choose to
> offer, and to charge a fee for, warranty, support, indemnity or
> liability obligations to one or more recipients of Covered Software.
> However, you may do so only on Your own behalf, and not on behalf of
> the Initial Developer or any Contributor. You must make it absolutely
> clear that any such warranty, support, indemnity or liability
> obligation is offered by You alone, and You hereby agree to indemnify
> the Initial Developer and every Contributor for any liability incurred
> by the Initial Developer or such Contributor as a result of warranty,
> support, indemnity or liability terms You offer.
>
> 3.6. Distribution of Executable Versions.
>
> You may distribute the Executable form of the Covered Software under
> the terms of this License or under the terms of a license of Your
> choice, which may contain terms different from this License, provided
> that You are in compliance with the terms of this License and that the
> license for the Executable form does not attempt to limit or alter the
> recipient's rights in the Source Code form from the rights set forth
> in this License. If You distribute the Covered Software in Executable
> form under a different license, You must make it absolutely clear that
> any terms which differ from this License are offered by You alone, not
> by the Initial Developer or Contributor. You hereby agree to indemnify
> the Initial Developer and every Contributor for any liability incurred
> by the Initial Developer or such Contributor as a result of any such
> terms You offer.
>
> 3.7. Larger Works.
>
> You may create a Larger Work by combining Covered Software with other
> code not governed by the terms of this License and distribute the
> Larger Work as a single product. In such a case, You must make sure
> the requirements of this License are fulfilled for the Covered
> Software.
>
> 4. Versions of the License.
>
> 4.1. New Versions.
>
> [OpenVendor Ltd - insert name] is the initial license steward and may
> publish revised and/or new versions of this License from time to time.
> Each version will be given a distinguishing version number. Except as
> provided in Section 4.3, no one other than the license steward has the
> right to modify this License.
>
> 4.2. Effect of New Versions.
>
> You may always continue to use, distribute or otherwise make the
> Covered Software available under the terms of the version of the
> License under which You originally received the Covered Software. If
> the Initial Developer includes a notice in the Original Software
> prohibiting it from being distributed or otherwise made available
> under any subsequent version of the License, You must distribute and
> make the Covered Software available under the terms of the version of
> the License under which You originally received the Covered Software.
> Otherwise, You may also choose to use, distribute or otherwise make
> the Covered Software available under the terms of any subsequent
> version of the License published by the license steward.
>
> 4.3. Modified Versions.
>
> When You are an Initial Developer and You want to create a new license
> for Your Original Software, You may create and use a modified version
> of this License if You: (a) rename the license and remove any
> references to the name of the license steward (except to note that the
> license differs from this License); and (b) otherwise make it clear
> that the license contains terms which differ from this License.
>
> 5. DISCLAIMER OF WARRANTY.
>
> TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE APPLICABLE
> JURISDICTION, COVERED 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 COVERED
> 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 COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED
> SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
> DEVELOPER 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 ANY COVERED
> 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
> INITIAL DEVELOPER OR CONTRIBUTOR, AS THE CASE MAY BE, TO: (i) THE
> PROVISION OF ANOTHER COPY OF THE COVERED SOFTWARE; OR (ii) THE PAYMENT
> OF THE COST OF OBTAINING ANOTHER COPY OF THE COVERED SOFTWARE.
>
> 6. TERMINATION.
>
> 6.1. 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.
>
> 6.2. If You assert a patent infringement claim (excluding
> declaratory judgment actions) against Initial Developer or a
> Contributor (the Initial Developer or Contributor against whom You
> assert such claim is referred to as "Participant") alleging that the
> Participant Software (meaning the Contributor Version where the
> Participant is a Contributor or the Original Software where the
> Participant is the Initial Developer) directly or indirectly infringes
> any patent, then any and all rights granted directly or indirectly to
> You by such Participant, the Initial Developer (if the Initial
> Developer is not the Participant) and all Contributors under Sections
> 2.1 and/or 2.2 of this License shall, upon 60 days notice from
> Participant 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 Participant
> Software against such Participant either unilaterally or pursuant to a
> written agreement with Participant.
>
> 6.3. In the event of termination under Sections 6.1 or 6.2 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 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR,
> OR ANY DISTRIBUTOR OF COVERED 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.
>
> 8. U.S. GOVERNMENT END USERS.
>
> The Covered Software is a "commercial item," as that term is defined
> in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
> software" (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1))
> 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 Covered Software with only those
> rights set forth herein. This U.S. Government Rights clause is in lieu
> of, and supersedes, any other FAR, DFAR, or other clause or provision
> that addresses Government rights in computer software under this
> License.
>
> 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
> Original 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 Original 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 Covered Software.
>
> 10. RESPONSIBILITY FOR CLAIMS.
>
> As between Initial Developer and the Contributors, each party is
> responsible for claims and damages arising, directly or indirectly,
> out of its utilization of rights under this License and You agree to
> work with Initial Developer and Contributors to distribute such
> responsibility on an equitable basis. Nothing herein is intended or
> shall be deemed to constitute any admission of liability.
>
>
>
> ------- END OPEN VENDOR LESSER PUBLIC LICENSE (OVLPL) ---------
>
>
>
Alex
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