For Approval: BSD License for UCAR's VAPOR Software

Wed Aug 9 21:52:57 UTC 2006

Mr. Wilson and others involved in license-discuss:  We have buy-in to 
the BSD license now.  Here is a revised email describing our 
intentions.  Please let me know next steps.  Thank you.

On August 2, 2006, I submitted a "Legal analysis of license for 
approval" to license-approval at opensource.org for our license, formerly 
entitled "BSD License (with express disclaimer of noninfringement 
added)"  and now entitled, "BSD License for UCAR's VAPOR software."

On August 7, I sent an email intended to address all other information 
requirements for OSI approval of a license.  You responded on the 8th 
urging us to obtain the agreement of our contributors to the BSD 
License, without modification.  We have done so.  Please see below for 
our revised request for OSI approval. 

Thank you for your attention to this matter.  Please inform me regarding 
any necessary next steps.//

    * The terms and conditions of our proposed license is virtually
      identical to the BSD license.  The only difference is the
      copyright credit.

    *

      Redistribution, with or without modification, is permitted, so
      long as copyright recognized, liability disclaimed and contributor
      names not used to endorse.  We are unaware of licenses that are
      entirely incompatible with out proposed license, but there may be
      some such licenses./
      /

    * The plain text version of our proposed license is reprinted below,
      in its entirety.  The HTML version is attached and is also
      available on the following website:
      http://www.vapor.ucar.edu/download/termsandconditions.html

_*BSD License for UCAR's VAPOR Software*_

*OWNER = the University Corporation for Atmospheric Research (UCAR), 
with contributions from Ohio State University and Silicon Graphics (the 
"Contributors")
YEAR = 2006*

* *

*A.     VAPOR software  - Copyright (c) 2006 UCAR.  All rights reserved.*

* *

*B.     Contributions to VAPOR software:
1. OSU Flow Integration Library - Copyright (c) 2006 Ohio State 
University.  All rights reserved.
2. GLEW software - Copyright (c) 2002-2006 Silicon Graphics, Inc. All 
Rights Reserved.*

* *

*Redistribution and use in source and binary forms, with or without 
modification, are permitted provided that the following conditions are met:*

* *

    * * Redistributions of source code must retain the above copyright
      notices, as included in the source code, this list of conditions
      and the following disclaimer.
    * Redistributions in binary form must reproduce the above copyright
      notice, this list of conditions and the following disclaimer in
      the documentation and/or other materials provided with the
      distribution.
    * Neither the name of the University Corporation for Atmospheric
      Research nor the names of its Contributors may be used to endorse
      or promote products derived from this software without specific
      prior written permission.
      * 

* *

*THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS 
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED 
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A 
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER 
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, 
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, 
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR 
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF 
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS 
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.*

* *

-- 
Confidential Communication
If this communication was received in error please disregard and delete immediately.

Sarah Forsythe Pritchard
Associate General Counsel
UCAR/NCAR
1850 Table Mesa Drive
Boulder, CO 80305
303-497-8564 (voice)
303-497-8501 (fax)
sarahp at ucar.edu

Wilson, Andrew wrote:

>Sarah Pritchard wrote:
>
>  
>
>>The existing OSI-approved BSD license is most similar to our proposed
>>    
>>
>license, 
>  
>
>>but the BSD license will not suffice because one of our contributors
>>    
>>
>insists 
>  
>
>>upon an express disclaimer of noninfringement.  For this reason, we
>>    
>>
>have 
>  
>
>>modified the BSD license by adding the word, "NONINFRINGMENT" after
>>    
>>
>the word, 
>  
>
>>"MERCHANTABILITY" in the first sentence of the final paragraph of the
>>    
>>
>license.
>
>BSD is one of the best known and widely used of all open source
>licenses.  Creating a variant at this late date simply because you have
>a single contributor who has far too much time on his or her hands and
>wants to practice belt and suspenders drafting by adding noninfringement
>to the already sweeping disclaimer of warranty and indemnification
>is unnecessary.
>
>Andy Wilson
>Intel Open Source Technology Center
>  
>

-- 
Confidential Communication
If this communication was received in error please disregard and delete immediately.

Sarah Forsythe Pritchard
Associate General Counsel
UCAR/NCAR
1850 Table Mesa Drive
Boulder, CO 80305
303-497-8564 (voice)
303-497-8501 (fax)
sarahp at ucar.edu

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