For Approval: Open Vendor Public License (OVPL) and Open Vendor Lesser Public License (OVLPL)
David Ryan
david at livemedia.com.au
Wed Jun 29 06:10:29 UTC 2005
There has been very little response from the community regarding the
request for approval of these two licenses. As one of the people who
worked hard to create these licenses I would like to see them both
approved. I am unsure if the community has already made comments on the
earlier version and do not feel the need to comment, or have other concerns?
As I've seen done on this list before, I'd like to cast my vote +1 to
please approve these licenses.
If you believe there is any value to having these licenses approved by
the OSI, can you *please* reply to the list casting your vote to have
them approved. This will greatly help to speed up the approval
process. Similarily, if you do not believe these should be approved,
please respond with reasons.
Thanks,
David.
Alex Bligh 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) ---------
>
>
>
>
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