[License-discuss] System 76's BeanBooks Public License v1.0
Bradley M. Kuhn
bkuhn at ebb.org
Wed Aug 28 15:11:00 UTC 2013
A colleague of mine asked for my comment on the following license:
https://beansbooks.com/home/opensource (included in full text below for
the archives). It's reminiscent of the Yahoo! Public License and Zimbra
Public License.
I notice that it seems that the Zimbra Public License and Yahoo! are
listed as Free Software licenses by the FSF but not as Open Source by
OSI.
Does someone from OSI want talk to System 76 about this and why this is
a "bad idea" to make their own license? System 76 is generally a pretty
friendly company to Open Source and Free Software.
######################################################################
URL: https://beansbooks.com/home/opensource
BeansBooks Public License v1.0
This BeansBooks Public License (this "Agreement") is a legal
agreement that describes the terms under which System76, Inc., a
Colorado corporation ("System76") will provide software to you via
download or otherwise ("Software"). By using the Software, you, an
individual or an entity ("You") agree to the terms of this
Agreement. In consideration of the mutual promises and upon the
terms and conditions set forth below, the parties agree as follows:
1. Grant of Copyright License
1.1 - Subject to the terms and conditions of this Agreement,
System76 hereby grants to You, under any and all of its
copyright interest in and to the Software, a royalty-free,
non-exclusive, non-transferable license to copy, modify,
compile, execute, and distribute the Software and
Modifications. For the purposes of this Agreement, any change
to, addition to, or abridgement of the Software made by You is a
"Modification;" however, any file You add to the Software that
does not contain any part of the Software is not a
"Modification."
1.2 - If You are an individual acting on behalf of a corporation
or other entity, Your use of the Software or any Modification is
subject to Your having the authority to bind such corporation or
entity to this Agreement. Providing copies to persons within
such corporation or entity is not considered distribution for
purposes of this Agreement.
1.3 - For the Software or any Modification You distribute in
source code format, You must do so only under the terms of this
Agreement, and You must include a complete copy of this
Agreement with Your distribution. With respect to any
Modification You distribute in source code format, the terms of
this Agreement will apply to You in the same way those terms
apply to System76 with respect to the Software. In other words,
when You are distributing Modifications under this Agreement,
You "stand in the shoes" of System76 in terms of the rights You
grant and how the terms and conditions apply to You and the
licensees of Your Modifications. Notwithstanding the foregoing,
when You "stand in the shoes" of System76, You are not subject
to the jurisdiction provision under Section 7, which requires
all disputes under this Agreement to be subject to the
jurisdiction of federal or state courts of Colorado.
1.4 - For the Software or any Modification You distribute in
compiled, object code format or over a network, You must also
provide recipients with access to the Software or Modification
in source code format along with a complete copy of this
Agreement. The distribution of the Software or Modifications in
compiled, object code format or over a network may be under a
license of Your choice, provided that You are in compliance with
the terms of this Agreement. In addition, You must make
absolutely clear that any license terms applying to such
Software or Modification that differ from this Agreement are
offered by You alone and not by System76, and that such license
does not restrict recipients from exercising rights in the
source code to the Software granted by System76 under this
Agreement or rights in the source code to any Modification
granted by You as described in Section 1.3.
1.5 - This Agreement does not limit Your right to distribute
files that are entirely Your own work (i.e., which do not
incorporate any portion of the Software and are not
Modifications) under any terms You choose.
2. Support
System76 has no obligation to provide technical support or
updates to You.
3. Contributions
3.1 - A “Contribution” means any work of authorship that is
Submitted by You to System76 in which You own or assert
ownership of the Copyright. “Submit” means to provide a
Contribution to System76 by any form of communication.
3.2 - You retain ownership of the Copyright in Your Contribution
and have the same rights to use or license the Contribution
which You would have had without entering into the Agreement.
3.3 To the maximum extent permitted by the relevant law, You
grant to System76 a perpetual, worldwide, non-exclusive,
transferable, royalty-free, irrevocable license under the
Copyright covering the Contribution, with the right to
sublicense such rights through multiple tiers of sublicensees,
to reproduce, modify, display, perform and distribute the
Contribution as part of the Software. If System76 includes your
Contribution in Software, System76 may license the Contribution
under any license, including copyleft, permissive, commercial or
proprietary licenses. As a condition on the exercise of this
right, System76 agree to also license the Contribution under the
terms of the license or licenses which System76 are using for
the Software.
3.4 For patent claims related to the Contribution including,
without limitation, method, process, and apparatus claims which
You own, control or have the right to grant, now or in the
future, You grant System76 a perpetual, worldwide,
non-exclusive, transferable, royalty-free, irrevocable patent
license, with the right to sublicense these rights through
multiple tiers of sublicensees, to reproduce, modify, display,
perform, sell and distribute the Contribution as part of the
Software. Further, you grant end users of the Software a
perpetual, worldwide, non-exclusive, royalty-free, irrevocable
patent license to use the Contribution.
4. All Rights Reserved
4.1 - Except for the license expressly granted under copyright
in Section 1.1, no rights, licenses or forbearances are granted
or may arise in relation to this Agreement whether expressly, by
implication, exhaustion, estoppel or otherwise. All rights that
are not expressly granted under this Agreement are hereby
reserved.
4.2 - In any copy of the Software or in any Modification you
create, You must retain and reproduce, any and all copyright,
patent, trademark, and attribution notices that are included in
the Software in the same form as they appear in the
Software. This includes the preservation of attribution notices
in the form of trademarks or logos that exist within a user
interface of the Software.
4.3 - Commercial distribution of the Software requires a
trademark license agreement and you may be required to
pay. Using the Software within a corporation or entity is not
considered commercial distribution. This license does not grant
You rights to use any party's name, logo, or trademarks, except
solely as necessary to comply with Section 4.2.
5. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY
KIND. SYSTEM76 MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR
STATUTORY REGARDING OR RELATING TO THE SOFTWARE. SPECIFICALLY,
SYSTEM76 DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE
OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST
EXTENT ALLOWED BY LAW, SYSTEM76 SPECIFICALLY DISCLAIMS ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE (EVEN IF SYSTEM76 HAD BEEN INFORMED OF SUCH PURPOSE),
AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, ANY
MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE
FOREGOING.
6. Limitation of Liability
IN NO EVENT WILL SYSTEM76 BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE,
BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER) IN
CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE FURNISHING,
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HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Term and Termination
7.1 - This Agreement will continue in effect unless and until
terminated earlier pursuant to this Section 7.
7.2 - In the event You violate the terms of this Agreement,
System76 may terminate this Agreement.
7.3 - All licenses granted hereunder shall terminate upon the
termination of this Agreement. Termination will be in addition
to any rights and remedies available to System76 at law or
equity or under this Agreement.
7.4 - Termination of this Agreement will not affect the
provisions regarding reservation of rights (Section 4.1),
provisions disclaiming or limiting System76's liability
(Sections 5 and 6), Termination (Section 7) or Miscellaneous
(Section 8), which provisions will survive termination of this
Agreement.
8. Miscellaneous
This Agreement contains the entire agreement of the parties with
respect to the subject matter of this Agreement and supersedes
all previous communications, representations, understandings and
agreements, either oral or written, between the parties with
respect to said subject matter. The relationship of the parties
hereunder is that of independent contractors, and this Agreement
will not be construed as creating an agency, partnership, joint
venture or any other form of legal association between the
parties. If any term, condition, or provision in this Agreement
is found to be invalid, unlawful or unenforceable to any extent,
this Agreement will be construed in a manner that most closely
effectuates the intent of this Agreement. Such invalid term,
condition or provision will be severed from the remaining terms,
conditions and provisions, which will continue to be valid and
enforceable to the fullest extent permitted by law. This
Agreement will be interpreted and construed in accordance with
the laws of the State of Colorado and the United States of
America, without regard to conflict of law principles. The
U.N. Convention on Contracts for the International Sale of Goods
shall not apply to this Agreement. All disputes arising out of
this Agreement involving System76 or any of its subsidiaries
shall be subject to the jurisdiction of the federal or state
courts of Colorado, with venue lying in Denver County,
Colorado. No rights may be assigned, no obligations may be
delegated, and this Agreement may not be transferred by You, in
whole or in part, whether voluntary or by operation of law,
including by way of sale of assets, merger or consolidation,
without the prior written consent of System76, and any purported
assignment, delegation or transfer without such consent shall be
void ab initio. Any waiver of the provisions of this Agreement
or of a party's rights or remedies under this Agreement must be
in writing to be effective. Failure, neglect or delay by a party
to enforce the provisions of this Agreement or its rights or
remedies at any time, will not be construed or be deemed to be a
waiver of such party's rights under this Agreement and will not
in any way affect the validity of the whole or any part of this
Agreement or prejudice such party's right to take subsequent
action.
--
-- bkuhn
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