[License-discuss] Is this 2-clause BSD equivalent? What should I do if I embed portion of this code, in its source form, in my 3-clause BSD project?

陈北宗 xcvista at gmail.com
Sat Aug 29 16:39:25 UTC 2015


Dear list

I am creating a Web framework around the Open Market’s FastCGI C library which have a license that looks like this:

This FastCGI application library source and object code (the
"Software") and its documentation (the "Documentation") are
copyrighted by Open Market, Inc ("Open Market").  The following terms
apply to all files associated with the Software and Documentation
unless explicitly disclaimed in individual files.

Open Market permits you to use, copy, modify, distribute, and license
this Software and the Documentation for any purpose, provided that
existing copyright notices are retained in all copies and that this
notice is included verbatim in any distributions.  No written
agreement, license, or royalty fee is required for any of the
authorized uses.  Modifications to this Software and Documentation may
be copyrighted by their authors and need not follow the licensing
terms described here.  If modifications to this Software and
Documentation have new licensing terms, the new terms must be clearly
indicated on the first page of each file where they apply.

OPEN MARKET MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE
SOFTWARE OR THE DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN
NO EVENT SHALL OPEN MARKET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DAMAGES ARISING FROM OR RELATING TO THIS SOFTWARE OR THE
DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING LOST PROFITS OR
LOST DATA, EVEN IF OPEN MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.  THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS".
OPEN MARKET HAS NO LIABILITY IN CONTRACT, TORT, NEGLIGENCE OR
OTHERWISE ARISING OUT OF THIS SOFTWARE OR THE DOCUMENTATION.

I stripped the library code down so only the portion that is useful to me is included, modified one header file to use Xcode-compatible inline documentation, and modified all source files to eliminate warnings under Xcode.

Now can I include this modified library as part of my own project, and publish it with the rest of my code which is licensed under 3-clase BSD license, retaining this original license which applies to the files originating from the included-in-source-form library?
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