[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,
        PERFORMANCE OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED
        HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS
        CONDUCT, INCLUDING NEGLIGENCE, AND EVEN IF SYSTEM76 HAS BEEN
        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



More information about the License-discuss mailing list