For Approval: MindTree Public License
Matthew Seth Flaschen
superm40 at comcast.net
Thu Oct 13 22:11:08 UTC 2005
No one said it had to be "exactly similar"? Which is most similar, even if that entails only a vague resemblance?
-Matthew Flaschen
> MINDTREE PUBLIC LICENSE
> Version 0.1 06 October 2005
>
> MindTree Consulting Private Limited ("MindTree") is the owner of the Original
> Licensed Software and proposes to permit the use, copy, Distribution or
> Modification of the Original Licensed Software under the terms of this MindTree
> Public License (the "MTPL").
>
> By clicking on the I Agree button below, You shall be affirming that You have
> read the terms and conditions of this MTPL and that You agree to be bound by the
> terms of this MTPL and that You will abide by and adhere to the duties and
> obligations contained in this MTPL. Your electronic acceptance shall operate as
> a valid binding contract for the purpose of all applicable laws in this regard.
>
> 1. MindTree is the owner of the Original Licensed Software, in its
> entirety, as protected by Indian law and international conventions. Subject to
> the terms of this MTPL, MindTree hereby grants You a world-wide, royalty-free,
> perpetual, non-exclusive license to install, use, reproduce, Modify, display,
> perform and Distribute the Original Licensed Software verbatim or portions
> thereof (including Modifications), in Source Code, with or without the object
> code.
>
> [Comments] This is in compliance with OSD #1 & #2
>
> 2. In the event You Distribute copies of the Original Licensed Software,
> You agree that You shall Distribute the same under the terms of the MTPL, make
> available a copy of this MTPL to every recipient of the Original Licensed
> Software and ensure that such recipient is bound by the terms and conditions of
> this MTPL. Any failure on Your part to Distribute the Original Licensed
> Software, under the terms of the MTPL, including providing a copy of this MTPL,
> shall render You liable for all direct or indirect consequences arising from
> such failure, including any indemnification to be provided to MindTree for all
> such consequences.
>
> [Comments] This is in compliance with OSD # 3
>
> 3. You shall not be required to publish, in accordance with this MTPL, any
> Modifications to the Original Licensed Software in the event You do not intend
> on Distributing the same. However, in the event You Distribute the Modifications
> to the Original Licensed Software, You agree that upon the first instance of
> Distribution, the Modifications to the Original Licensed Software, You shall be
> deemed, in consideration for the mutual rights and obligations contained herein,
> to have assigned all of Your intellectual property rights (including copyright
> and patent rights) in any Modifications to MindTree. You agree that such
> assignment shall be perpetual, worldwide, royalty free and non-revokable. In
> consideration of Your assignment of the intellectual property rights of Your
> Modifications, MindTree shall simultaneously grant You a perpetual, world-wide,
> royalty-free, non-revokable, non-exclusive licence to use and Distribute the
> Modifications. You also agree to waive all moral rights that You may have in
> Your Modifications. You further agreed that such assignment shall not lapse nor
> the rights transferred therein revert to You, even if MindTree does not exercise
> the rights under the assignment within a period of one year from the date of
> assignment. You acknowledge and agree that You shall waives any right to and
> shall not raise any objection or claims with respect to the assignment.
>
> [Comment] This is to enable MindTree Consulting Pvt Ltd have copyright ownership
> of modified software and distribute the modifications under a commercial license
> if required.
>
> 4. If the assignment under Section 4 is ineffective or does not occur for
> any reason, You grant to MindTree a royalty free, perpetual, worldwide licence
> to use all intellectual property rights You have in all Modifications, including
> the right to grant licences to others on the terms of this MTPL or any other
> license. You acknowledge that notwithstanding the provisions of Section 30A read
> along with Section 19(4) of the (Indian) Copyright Act, 1957, the license shall
> not lapse nor the right transferred therein revert to You even if MindTree does
> not exercise the rights under the license within a period of one year from the
> date of the license. You shall not take any steps against MindTree to revoke the
> license granted hereunder. You, as a Contributor, agree to grant to others a
> world-wide, perpetual, royalty-free, non-exclusive license, subject to third
> party intellectual property claims, to install, use, reproduce, Modify, display,
> perform, and Distribute any Modifications created by such Contributor or
> portions thereof, in Source Code with or without the Object Code, either on an
> unmodified basis or as part of the any larger work.
>
> [Comment] This is to enable MindTree Consulting Pvt Ltd have copyright ownership
> of modified software and distribute the modifications under a commercial license
> if required.
>
>
> 5. All Modifications created and Distributed by You shall be clearly
> identifiable to have been made by You. You shall submit, in writing or
> electronically in a manner that can be unequivocally attributed to You, Your
> Modifications to MindTree, or any other agency authorized to make available the
> Original Licensed Software, for its inclusion in the Original Licensed Software.
> Your Modifications shall be documented in a file as part of the Source file
> which shall also contain Your name, permanent physical address, email address,
> the date of the modification. If You have knowledge that a license to a third
> party's intellectual property right is required to exercise the rights granted
> by this MTPL to Your Modifications, including the right to use an API, You must
> declare so and describe the claim and provide adequate information about such
> party in the said file.
>
> [Comment] This is in compliance with OSD # 4
>
> 6. You represent to MindTree and any other users that Your Modifications
> are Your original work and that neither it nor its assignment, licence or use
> under this MTPL or its revised versions, infringes the intellectual property
> rights of any other person other than a patent identified and declared by You as
> part of Your file in the Source Code. You shall indemnify, defend and hold
> harmless MindTree or any other user from and against all demands, liabilities,
> causes of action, judgments, costs, claims, damages, suits, losses and expenses
> (including attorneys' fees), of any nature, kind or description of any person or
> entity whomsoever as a result of and arising our of any breach of representation
> and warranty provided herein.
>
> [Comment] This is in compliance with OSD # 4 and adds clause for IP protection
> in case of modifications
>
> 7. When Distributing the Modifications and the Original Licensed Software,
> You shall ensure that the Source Code of the Modifications and the Original
> Licensed Software are published under the terms of this MTPL and the
> Modifications and Original Licensed Software are Distributed under the terms and
> notices of this MTPL. Any failure on Your part to Distribute the Original
> Licensed Software (including its Modifications), under the terms of the MTPL,
> including providing a copy of this MTPL shall render You liable for all direct
> or indirect consequences arising from such failure, including any
> indemnification to be provided to MindTree for all such consequences.
>
> [Comment] This is in compliance with OSD # 3
>
> 8. This MGL, in no way, grants any rights to trademarks, copyrights,
> patents, trade secrets or any other intellectual property of MindTree or of any
> Contributor except as expressly stated herein. You agree that You shall not
> register a patent or other intellectual property right in respect of the
> Original Licensed Software or any Modifications.
>
> [Comment] This is to prevent patenting of software released under this license
>
> 9. If any provision of this MTPL shall be invalid or unenforceable to any
> extent, for any reason including by reason of any law or regulation or
> government policy or decision of a court of law, as against You, You shall cease
> to carry out such acts which conflict with the terms of this MTPL. Further, You
> agree that the remainder of this MTPL and the application of such provision to
> You other than those as to which it is held invalid or unenforceable shall not
> be affected thereby, and each provision of this Agreement shall be valid and
> enforceable to the fullest extent permitted by law.
>
> [Comment] This is in compliance with OSD # 5
>
> 10. THE ORIGINAL LICENSED SOFTWARE (INCLUDING ITS MODIFICATIONS) IS PROVIDED
> UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER
> EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL
> LICENSED 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
> ORIGINAL LICENSED SOFTWARE (INCLUDING ITS MODIFICATIONS) IS WITH YOU. SHOULD
> ORIGINAL LICENSED SOFTWARE (INCLUDING ITS MODIFICATIONS) PROVE DEFECTIVE IN ANY
> RESPECT, YOU (AND NOT MINDTREE 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 ORIGINAL LICENSED
> SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
>
> [Comment] This is to limit warranty claims for software distributed under this
> license
>
> 11. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
> ORIGINAL LICENSED SOFTWARE AND YOU AGREE THAT IN NO EVENT AND UNDER NO LEGAL
> THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE SHALL
> MINDTREE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
> DAMAGES WITH RESPECT TO ANY CLAIM, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO
> ON ACCOUNT OF OR ARISING FROM USE OF THE ORIGINAL LICENSED SOFTWARE, 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.
>
> [Comment] This is to limit warranty claims for software distributed under this
> license
>
> 12. In the event You fail to comply with the terms of this MTPL and fail to
> cure a breach within thirty (30) days of becoming aware of such breach, the MTPL
> and the rights granted hereunder will automatically terminate as regards You.
> From the date of termination, You shall cease to use the Original Licensed
> Software. All Distributions of the Original Licensed Software that are properly
> made shall however survive any termination of this MTPL. Provisions that, by
> their nature, must remain in effect beyond the termination of this MTPL, shall
> survive.
>
> [Comment] This is a clause listing termination of license
>
> 13. If You initiate litigation by asserting a patent infringement claim
> against MindTree or a Contributor ("Respondent") alleging that Original Licensed
> Software directly or indirectly infringes any patent, then any and all rights
> granted by such Respondent to You under Sections 1 or 4 of this MTPL shall
> terminate prospectively upon thirty (30) days notice from Respondent (the
> "Notice Period") unless within that Notice Period You either agree in writing to
> withdraw Your litigation claim with respect to the Original Licensed Software
> against such Respondent, failing which the rights granted by MindTree or
> Contributor to You under Sections 1 and 4 automatically terminate at the
> expiration of said Notice Period.
>
> [Comment] This is clause listing termination of license in event of patent
> infringement claims
>
> 14. This MTPL shall be governed by and construed and interpreted in
> accordance with the laws of India, without giving effect to any conflict of law
> principles. You hereby irrevocably consent to the exclusive jurisdiction of the
> Courts of the Bangalore in connection with any action or proceeding arising out
> of or relating to this MTPL.
>
> [Comment] This license is in accordance and governed by Indian Laws
>
> 15. MindTree has the right to publish revised and/or new versions of this
> MTPL. The Original Licensed Software, as published under a particular version of
> the MTPL, will continue to be used under the terms of that version. You may also
> choose to use such Original Licensed Software under the terms of any subsequent
> version of the License published by MindTree. No one other than MindTree has the
> right to modify the terms applicable to Original Licensed Software created under
> this License
>
> [Comment] This clause is to enable MindTree to come up with new versions of this
> license
>
> 16. Definitions and Interpretation
>
> "Contributor" shall mean MindTree and any individual or legal entity on behalf
> of whom a Contribution has been received by MindTree and subsequently
> incorporated within the Original Licensed Software.
>
> "Distribute" shall mean to post, publish, upload, initiate, transfer or
> otherwise make available the Original Licensed Software (including its
> Modifications) to another party, and shall specifically cover the act of placing
> a copy of the Original Licensed Software anywhere that another party might
> reasonably be expected to gain access. Distribution may be possible in any
> medium (whether tangible or intangible, fixed or unfixed), including, but not
> limited to, document-based medium, computer-based network, network, magnetic
> means, electronic means, and any other method for the publication, retention,
> conveyance, possession or holding of content.
>
> "Interface" shall mean interfaces, functions, properties, class definitions,
> APIs, Header Files, GUIDs, VTables, and/or protocols allowing one piece of
> software, firmware or hardware to communicate or interoperate with another piece
> of software, firmware or hardware.
>
> "Modification(s)" shall mean (i) any addition to, deletion from and/or change to
> the substance and/or structure of the Original Licensed Software, including
> Interfaces; (ii) any addition to, deletion from and/or change to the files or
> modules of the Source Code; (iii) adding any new file that contains any part of
> Original Licensed Software. Modifications shall also include translations of the
> Original Licensed Software.
>
> "Original Licensed Software" shall mean the software licensed under this MTPL,
> which shall include its Source Code, its object code, its Interfaces, and all
> updates, enhancements, releases, patches, modifications, and error corrections,
> and any literature or materials of any kind provided in written or electronic
> form in connection the Original Licensed Software, including training,
> promotional or sales literature or materials and shall include all assigned
> Distributed Modifications.
>
> "Source Code" means the preferred form of the Original Licensed Software, i.e.,
> computer-programming code for making Modifications, not directly executable by a
> computer but which may be printed out or displayed in a human readable form,
> including all modules it contains, plus any associated Interfaces, scripts used
> to control compilation and installation of an executable, which when compiled
> through a compiler program is convertible into machine readable code.
>
> "You" or "Your" shall mean an individual or legal entity exercising permissions
> granted by this MTPL.
>
> The following rules apply unless the context requires otherwise:
>
> (a) Examples given in this MTPL are non-limiting. The words "including" and
> "includes" are non-limiting;
>
> (b) words in the singular number include the plural and vice versa; and
>
> (c) where a word or phrase is given a particular meaning, other parts of
> speech and grammatical forms of that word or phrase have corresponding meanings.
>
>
>
>
>
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>
>
>
> Copyright © MindTree Consulting Private Limited
> (Unauthorized copying of, altering or modifying of or creating confusingly
> similar copies of this version of the MTPL is strictly prohibited)
> --------------------------------------------------------------------------------
> ---------------------------------------------
> Disclaimer
> --------------------------------------------------------------------------------
> ---------------------------------------------
>
> "This message(including attachment if any)is confidential and may be
> privileged.Before opening attachments please check them
> for viruses and defects.MindTree Consulting Private Limited (MindTree)will not
> be responsible for any viruses or defects or
> any forwarded attachments emanating either from within MindTree or outside.If
> you have received this message by mistake please notify the sender by return
> e-mail and delete this message from your system. Any unauthorized use or
> dissemination of this message in whole or in part is strictly prohibited.
> Please note that e-mails are susceptible to change and MindTree shall not be
> liable for any improper, untimely or incomplete transmission."
>
> --------------------------------------------------------------------------------
> ---------------------------------------------
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Subject: For Approval: MindTree Public License
Date: Mon, 10 Oct 2005 06:38:51 +0000
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