For Approval: Open Vendor Public License (OVPL) and Open Vendor Lesser Public License (OVLPL)
Alex Bligh
alex at alex.org.uk
Thu Jun 23 08:44:30 UTC 2005
Hi,
It would be really useful to get an update from OSI on where this is,
either in terms of a ternary decision (accepted, rejected, we haven't
looked yet).
Alex
--On 15 June 2005 15:36 +0100 Alex Bligh <alex at alex.org.uk> wrote:
> 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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