[License-review] Submission of the Upstream Compatibility License v1.0 (UCL-1.0) for approval

Thu Feb 23 17:40:44 UTC 2017

I have updated the UCL v1.0 section 1c to derivative works shall be dual
licensed UCL and Apache rather than requiring derivative works be licensed
Apace only for upstream contributors.  Section 1C now reads:
c) to distribute or communicate copies of the Original Work and Derivative
Works to the public, with the proviso that copies of Original Work You
distribute or communicate shall be licensed under this Upstream Compatible
License and all Derivative Work You distribute or communicate shall be
licensed under both this Upstream Compatible License and the Apache License
2.0 or later;

I don't know if dual licensing has any value over just an apache license so
if that is contentious I can make it just Apache.

The complete text of the updated license is below.  Let me know if this
does not address the comments provided in the earlier discussion.  If it
does then I will repackage the submission and have it ready for the board
to vote on.  Anything highlighted in yellow (if it survives the mailing
list formatting) are changes from the original Open Software License text.

---
Upstream Compatible License v. 1.0 (UCL-1.0)

This Upstream Compatible License (the "License") applies to any original
work of authorship (the "Original Work") whose owner (the "Licensor") has
placed the following licensing notice adjacent to the copyright notice for
the Original Work:

Licensed under the Upstream Compatible License 1.0
1)    Grant of Copyright License.

Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable
license, for the duration of the copyright, to do the following:
a) to reproduce the Original Work in copies, either alone or as part of a
collective work; b) to translate, adapt, alter, transform, modify, or
arrange the Original Work, thereby creating derivative works ("Derivative
Works") based upon the Original Work; c) to distribute or communicate
copies of the Original Work and Derivative Works to the public, with the
proviso that copies of Original Work You distribute or communicate shall be
licensed under this Upstream Compatible License and all Derivative Work You
distribute or communicate shall be licensed under both this Upstream
Compatible License and the Apache License 2.0 or later; d) to perform the
Original Work publicly; and e) to display the Original Work publicly.
2)    Grant
of Patent License.

Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable
license, under patent claims owned or controlled by the Licensor that are
embodied in the Original Work as furnished by the Licensor, for the
duration of the patents, to make, use, sell, offer for sale, have made, and
import the Original Work and Derivative Works.
3)    Grant of Source Code License.

The term "Source Code" means the preferred form of the Original Work for
making modifications to it and all available documentation describing how
to modify the Original Work. Licensor agrees to provide a machine-readable
copy of the Source Code of the Original Work along with each copy of the
Original Work that Licensor distributes. Licensor reserves the right to
satisfy this obligation by placing a machine-readable copy of the Source
Code in an information repository reasonably calculated to permit
inexpensive and convenient access by You for as long as Licensor continues
to distribute the Original Work.
4)    Exclusions From License Grant.

Neither the names of Licensor, nor the names of any contributors to the
Original Work, nor any of their trademarks or service marks, may be used to
endorse or promote products derived from this Original Work without express
prior permission of the Licensor. Except as expressly stated herein,
nothing in this License grants any license to Licensor's trademarks,
copyrights, patents, trade secrets or any other intellectual property. No
patent license is granted to make, use, sell, offer for sale, have made, or
import embodiments of any patent claims other than the licensed claims
defined in Section 2. No license is granted to the trademarks of Licensor
even if such marks are included in the Original Work. Nothing in this
License shall be interpreted to prohibit Licensor from licensing under
terms different from this License any Original Work that Licensor otherwise
would have a right to license.
5)    External Deployment.

The term "External Deployment" means the use, distribution, or
communication of the Original Work or Derivative Works in any way such that
the Original Work or Derivative Works may be used by anyone other than You,
whether those works are distributed or communicated to those persons or
made available as an application intended for use over a network. As an
express condition for the grants of license hereunder, You must treat any
External Deployment by You of the Original Work or a Derivative Work as a
distribution under section 1(c).
6)    Attribution Rights.

You must retain, in the Source Code of any Derivative Works that You
create, all copyright, patent, or trademark notices from the Source Code of
the Original Work, as well as any notices of licensing and any descriptive
text identified therein as an "Attribution Notice." You must cause the
Source Code for any Derivative Works that You create to carry a prominent
Attribution Notice reasonably calculated to inform recipients that You have
modified the Original Work.
7)    Warranty of Provenance and Disclaimer of Warranty.

Licensor warrants that the copyright in and to the Original Work and the
patent rights granted herein by Licensor are owned by the Licensor or are
sublicensed to You under the terms of this License with the permission of
the contributor(s) of those copyrights and patent rights. Except as
expressly stated in the immediately preceding sentence, the Original Work
is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY,
either express or implied, including, without limitation, the warranties of
non-infringement, merchantability or fitness for a particular purpose. THE
ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This
DISCLAIMER OF WARRANTY constitutes an essential part of this License. No
license to the Original Work is granted by this License except under this
disclaimer.
8)    Limitation of Liability.

Under no circumstances and under no legal theory, whether in tort
(including negligence), contract, or otherwise, shall the Licensor be
liable to anyone for any indirect, special, incidental, or consequential
damages of any character arising as a result of this License or the use of
the Original Work including, without limitation, damages for loss of
goodwill, work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses. This limitation of liability shall not
apply to the extent applicable law prohibits such limitation.
9)    Acceptance and Termination.

If, at any time, You expressly assented to this License, that assent
indicates your clear and irrevocable acceptance of this License and all of
its terms and conditions. If You distribute or communicate copies of the
Original Work or a Derivative Work, You must make a reasonable effort under
the circumstances to obtain the express assent of recipients to the terms
of this License. This License conditions your rights to undertake the
activities listed in Section 1, including your right to create Derivative
Works based upon the Original Work, and doing so without honoring these
terms and conditions is prohibited by copyright law and international
treaty. Nothing in this License is intended to affect copyright exceptions
and limitations (including "fair use" or "fair dealing"). This License
shall terminate immediately and You may no longer exercise any of the
rights granted to You by this License upon your failure to honor the
conditions in Section 1(c).
10)Termination for Patent Action.

This License shall terminate automatically and You may no longer exercise
any of the rights granted to You by this License as of the date You
commence an action, including a cross-claim or counterclaim, against
Licensor or any licensee alleging that the Original Work infringes a
patent. This termination provision shall not apply for an action alleging
patent infringement by combinations of the Original Work with other
software or hardware.
11)Jurisdiction, Venue and Governing Law.

Any action or suit relating to this License may be brought only in the
courts of a jurisdiction wherein the Licensor resides or in which Licensor
conducts its primary business, and under the laws of that jurisdiction
excluding its conflict-of-law provisions. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. Any use of the Original Work outside the scope of this
License or after its termination shall be subject to the requirements and
penalties of copyright or patent law in the appropriate jurisdiction. This
section shall survive the termination of this License.
12)Attorneys' Fees.

In any action to enforce the terms of this License or seeking damages
relating thereto, the prevailing party shall be entitled to recover its
costs and expenses, including, without limitation, reasonable attorneys'
fees and costs incurred in connection with such action, including any
appeal of such action. This section shall survive the termination of this
License.
13)Miscellaneous.

If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable.
14)Definition of "You" in This License.

"You" throughout this License, whether in upper or lower case, means an
individual or a legal entity exercising rights under, and complying with
all of the terms of, this License. For legal entities, "You" includes any
entity that controls, is controlled by, or is under common control with
you. For purposes of this definition, "control" means (i) the power, direct
or indirect, to cause the direction or management of such entity, whether
by contract or otherwise, or (ii) ownership of fifty percent (50%) or more
of the outstanding shares, or (iii) beneficial ownership of such entity.
15)Right to Use.

You may use the Original Work in all ways not otherwise restricted or
conditioned by this License or by law, and Licensor promises not to
interfere with or be responsible for such uses by You.
16)Modification of This License.

This License is Copyright © 2005 Lawrence Rosen and Copyright © 2017 Nigel
Tzeng. Permission is granted to copy, distribute, or communicate this
License without modification. Nothing in this License permits You to modify
this License as applied to the Original Work or to Derivative Works.
However, You may modify the text of this License and copy, distribute or
communicate your modified version (the "Modified License") and apply it to
other original works of authorship subject to the following conditions: (i)
You may not indicate in any way that your Modified License is the "Open
Software License" or "OSL" or the “Upstream Compatible License” or “UCL”
and you may not use those names in the name of your Modified License; (ii)
You must replace the notice specified in the first paragraph above with the
notice "Licensed under <insert your license name here>" or with a notice of
your own that is not confusingly similar to the notice in this License; and
(iii) You may not claim that your original works are open source software
unless your Modified License has been approved by Open Source Initiative
(OSI) and You comply with its license review and certification process.
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