For approval: ENCUL

[Charles W. Swiger]

OSI License procedure.

1. Unique Title: ENCUL

2. Done: http://www.pkix.net/~chuck/ENCUL/LICENSE.html

3. Legal analysis pending.

4a. ENCUL is based on the "modified BSD License", with the following changes:
    - contact information and location of author provided via ISO x.400 codes
    - users agree that the author's local jurisdiction may supercede
    - time-based restriction on commercial (re)sale and use

 b. This license contains specific restrictions intended to prevent
    resale of Software under the ENCUL for a limited period of time.
    Free distribution in conjunction with other Open Source software
    is fine per definition 1.  Section 6 is a more interesting
    question, which I may or may not be able to finesse by the time
    expiration.  The intent is not to stop an individual from using the
    software, even if they do so at work: it is to restrict the software
    from being resold or used to make a profit without the author being
    given the choice of being compensated for their work.

    A search of the Usenet archives in comp.unix.bsd.freebsd.misc will
    reveal the context of the creation of this license.  I would
    expect that this or any license would be more useful to others if
    it applies to a broad context.

 c. 

/*
 * Expiring Non-Commercial Use License, Version 1.0
 *
 * Copyright(c) 2002 Charles Swiger.  All rights reserved.  C=US, L=NY.
 * <a href="mailto:<chuck at pkix.net>">chuck at pkix.net</a>
 *
 * LICENSE:
 *
 * Redistribution and use of the accompanying source and/or binary executable
 * code (referred to as "Software") is permitted according to the following
 * license terms:
 *
 * 1. Redistributions of this Software must retain the above copyright notice,
 *    this list of conditions, and the following Disclaimer in the
 *    documentation and/or other materials provided with the distribution.
 *
 * 2. The name of the author(s) may not be used to endorse or promote products
 *    derived from this Software without specific prior written permission.
 *
 * 3. Users of this Software agree that any legal matters pertaining to the
 *    Software or this License acknowledge the right of the author(s) to select
 *    a local "court of appropriate jurisdiction" and have any such matters
 *    adjudicated under the laws of the author's country, state, or province.
 *
 * 4. You may use this Software for non-commerical reasons (including research,
 *    education, and entertainment), but you may not repackage this Software
 *    with other software and charge a license or rental fee for this Software
 *    alone, or for this Software in conjunction with the other software.
 *
 *    Commercial use is not allowed without specific prior written permission.
 *
 * 5. "Commercial use" is defined as the inclusion or packaging of this
 *    Software with software for which a license or rental fee is applied.
 *
 *    Charges related solely to the (re)distribution of this Software, such as
 *    media costs, network transmission costs, or shipping & handling, are
 *    not considered commerical use, provided such charges are comparible
 *    with the typical costs for services redistributing other types of
 *    Open Source Software.
 *
 * 6. In the event that (a) the original author(s) cannot be contacted for
 *    permission per term #4, OR, (b) after FIVE years have passed from the
 *    copyright date of the Software, the restriction against commercial usage
 *    is waived.
 *
 *    The intent of this provision is to relicense this Software according to
 *    terms similar to the "modified BSD License" after the specified interval.
 *    Commercial use or packaging of this Software with other Software would
 *    be permitted after that date under terms #1, #2, and #3.
 *
 *
 * DISCLAIMER:
 *
 * This Software is provided by the author(s) ``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 author(s) 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.
 *
 */


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