[License-review] Approval: Server Side Public License, Version 2 (SSPL v2)

Sat Mar 9 09:30:46 UTC 2019

Thanks for the update Eliot - the clarity is much appreciated.

On Sat, 9 Mar 2019 at 00:45, Eliot Horowitz via License-review <
license-review at lists.opensource.org> wrote:

> We continue to believe that the SSPL complies with the Open Source
> Definition and the four essential software freedoms.  However, based on its
> reception by the members of this list and the greater open source
> community, the community consensus required to support OSI approval does
> not currently appear to exist regarding the copyleft provision of SSPL.
> Thus, in order to be respectful of the time and efforts of the OSI board
> and this list’s members, we are hereby withdrawing the SSPL from OSI
> consideration.
>
> The copyleft provision of the SSPL updates the GPL/AGPL framework to
> reflect the reality of how modern software applications are built and the
> software-as-a-service model.  While this proposal hasn’t yet gained broad
> support in the community, we have made headway and learned a lot from our
> discussions with the OSI, the broader community, and other companies over
> the past few months since submitting the SSPL.  The number of parties
> voicing concern about the same issue confirm that a new licensing model is
> needed to address the threats facing those, especially smaller,
> up-and-coming companies, that want to make significant investments in open
> source in the modern cloud era.
>
> We have already had several discussions with other stakeholders concerned
> with “SaaS capture” of innovative open source technology.  We are big
> believers in the importance of open source and we intend to continue to
> work with these parties to either refine the SSPL or develop an alternative
> license that addresses this issue in a way that will be accepted by the
> broader FOSS community.
>
> In the meantime, current and future versions of MongoDB Community will
> continue to be offered under the SSPL.  Over the coming days, we will
> update the messaging on our website to make it clear that the SSPL has not
> been approved under the OSI’s definition of “open source.”  However,
> MongoDB remains free to use and source available under the SSPL, meaning
> users are free to review, modify, and distribute the software or
> redistribute modifications to the software in compliance with the license.
>
> -Eliot
>
> On Sun, Feb 17, 2019 at 12:33 AM Eliot Horowitz <eliot at mongodb.com> wrote:
>
>> A major theme that has emerged from the feedback regarding the SSPL is
>> uncertainty over what Section 13 means when it refers to making the
>> functionality of a program available as as a service.  As explained in my
>> January post, we intended this trigger to be both narrow and specific.
>> Having considered and digested the comments to date, we acknowledge that
>> there may be a gap between that intent and the language in versions 1 and 2
>> of the license.  We are therefore proposing a new version of Section 13 for
>> this list’s review and feedback.
>>
>> At the outset of Section 13, this version makes “Software As A Service”
>> (SAAS) a defined term, which means “enabling a user to interact with
>> software remotely through a computer network.”  This definition makes use
>> of existing language in AGPL and is intended to align with the commonplace
>> understanding of SAAS.
>>
>> We then describe the copyleft trigger in two ways.  As applied to
>> MongoDB, part (a) means that a licensee who uses MongoDB as the backend
>> database for their own SAAS application that does not have the same primary
>> purpose or features as MongoDB does not trigger Section 13.  As applied to
>> MongoDB, part (b) means that a licensee who uses MongoDB as the backend
>> database for their own value-added SAAS application does not trigger
>> Section 13.  We view purpose, features, and value as concepts that can be
>> easily evaluated by reference to objective evidence.
>>
>> The full text of the new proposal for Section 13 of the SSPL is below.
>> The new proposal impacts only the first paragraph of Section 13, but I have
>> provided the entire section for completeness.
>> ----
>> “For the purposes of this section 13, offering “Software As A Service”
>> means enabling a user to interact with software remotely through a computer
>> network. If you use the Program or a modified version in offering to third
>> parties Software As A Service and: (a) the primary purpose or features of
>> such Software As A Service is the same as or substantially similar to that
>> of the Program or modified version, or (b) the value of the software
>> component of such Software As A Service is primarily derived from the
>> Program or modified version, then you must make the Service Source Code
>> available via network download to everyone at no charge, under the terms of
>> this License or, solely with respect to any programs (other than the
>> Program or a modified version) for which you do not have the right to make
>> the Corresponding Source available under the terms of this License, under
>> the terms of a license that has been approved by the Open Source Initiative
>> or categorized by the Free Software Foundation as free.
>>
>> “Service Source Code” means the Corresponding Source for the Program or a
>> modified version, and the Corresponding Source for all programs (other than
>> programs that are Major Components or System Libraries) that you use to
>> make the Program or modified version available as a service, including,
>> without limitation, management software, user interfaces, application
>> program interfaces, automation software, monitoring software, backup
>> software, and host orchestration software, all such that a user could run
>> an instance of the service using the Service Source Code you make
>> available.”
>>
>>
>>
>>
>>
>> On Wed, Nov 21, 2018 at 5:37 PM Eliot Horowitz <eliot at mongodb.com> wrote:
>>
>>> Thank you for your comments on the Server Side Public License.  Below is
>>> an updated version of the Server Side Public License, which we are
>>> submitting for review in lieu of version 1.0.  If this version is approved
>>> by OSI, we plan to apply it to the next release of our MongoDB software,
>>> which is currently available under version 1.0.
>>>
>>> In this version, we have made several significant substantive changes in
>>> Section 13, we well as certain conforming and non-substantive changes.
>>>
>>> Members of the list expressed concerns that compliance with the source
>>> code sharing conditions of Section 13 would not be feasible, because in
>>> common technology environments today, some parts of the Service Source Code
>>> would be proprietary, or subject to incompatible open source licenses.  To
>>> address this concern, we have clarified that the source code sharing
>>> condition of Section 13 does not require delivery of Major Components or
>>> System Libraries. We have also added the option to make the Service Source
>>> Code (other than the Corresponding Source for the Program itself) available
>>> under OSI or FSF approved licenses, to the extent that the licensee does
>>> not have the right to share the Service Source Code under the terms of the
>>> SSPL.
>>>
>>> Members had also expressed concerns about whether the SSPL meets OSD 9
>>> -- that the license must not restrict other software.  While we think
>>> version 1 met with this plank of the definition, and explained why in our
>>> initial submission, we made the changes described above in part to further
>>> address this concern, by limiting the source code that must be made
>>> available subject to this license and adding the option to make the source
>>> code available under other open source licenses.
>>>
>>> Below is a list of changes.  The revised license appears after the
>>> listed changes, in plaintext.
>>>
>>> Substantive changes:
>>>
>>> --Version number changed from 1 to 2
>>> --Date changed to November [____] 2018
>>> --Section 13, first sentence: added “or, solely with respect to any
>>> programs (other than the Program or a modified version) for which you do
>>> not have the right to make the Corresponding Source available under the
>>> terms of this License, under the terms of a license that has been approved
>>> by the Open Source Initiative or categorized by the Free Software
>>> Foundation as free”
>>> --Section 13, second paragraph: added “(other than programs that are
>>> Major Components or System Libraries)” after “all programs”
>>> --Section 13, second paragraph: “storage software and hosting software”
>>> changed to “host orchestration software”
>>>
>>> Non-substantive and conforming changes:
>>>
>>> --Definition of This License: added “the”
>>> --Section 5, last sentence: “Without limiting section 13,” added
>>> --Section 8: “or otherwise use” added in two places
>>> --Section 9: added “single” before “copy”
>>> --Section 9: “use” added to “propagate or modify” and “using” added to
>>> “modifying or propagating”
>>> --Section 13: “a” replaces “the” in first line of Service Source Code
>>> definition
>>>
>>> A PLAINTEXT VERSION OF THE LICENSE FOLLOWS:
>>>
>>> ======================================================================
>>>
>>> Server Side Public License
>>> VERSION 2, NOVEMBER [XX], 2018
>>>
>>> Copyright © 2018 MongoDB, Inc.
>>>
>>> Everyone is permitted to copy and distribute verbatim copies of this
>>> license document, but changing it is not allowed.
>>> TERMS AND CONDITIONS
>>> 0. Definitions.
>>> “This License” refers to the Server Side Public License.
>>> “Copyright” also means copyright-like laws that apply to other kinds of
>>> works, such as semiconductor masks.
>>> “The Program” refers to any copyrightable work licensed under this
>>> License. Each licensee is addressed as “you”. “Licensees” and “recipients”
>>> may be individuals or organizations.
>>> To “modify” a work means to copy from or adapt all or part of the work
>>> in a fashion requiring copyright permission, other than the making of an
>>> exact copy. The resulting work is called a “modified version” of the
>>> earlier work or a work “based on” the earlier work.
>>> A “covered work” means either the unmodified Program or a work based on
>>> the Program.
>>> To “propagate” a work means to do anything with it that, without
>>> permission, would make you directly or secondarily liable for infringement
>>> under applicable copyright law, except executing it on a computer or
>>> modifying a private copy. Propagation includes copying, distribution (with
>>> or without modification), making available to the public, and in some
>>> countries other activities as well.
>>> To “convey” a work means any kind of propagation that enables other
>>> parties to make or receive copies. Mere interaction with a user through a
>>> computer network, with no transfer of a copy, is not conveying.
>>> An interactive user interface displays “Appropriate Legal Notices” to
>>> the extent that it includes a convenient and prominently visible feature
>>> that (1) displays an appropriate copyright notice, and (2) tells the user
>>> that there is no warranty for the work (except to the extent that
>>> warranties are provided), that licensees may convey the work under this
>>> License, and how to view a copy of this License. If the interface presents
>>> a list of user commands or options, such as a menu, a prominent item in the
>>> list meets this criterion.
>>> 1. Source Code.
>>> The “source code” for a work means the preferred form of the work for
>>> making modifications to it. “Object code” means any non-source form of a
>>> work.
>>> A “Standard Interface” means an interface that either is an official
>>> standard defined by a recognized standards body, or, in the case of
>>> interfaces specified for a particular programming language, one that is
>>> widely used among developers working in that language.
>>> The “System Libraries” of an executable work include anything, other
>>> than the work as a whole, that (a) is included in the normal form of
>>> packaging a Major Component, but which is not part of that Major Component,
>>> and (b) serves only to enable use of the work with that Major Component, or
>>> to implement a Standard Interface for which an implementation is available
>>> to the public in source code form. A “Major Component”, in this context,
>>> means a major essential component (kernel, window system, and so on) of the
>>> specific operating system (if any) on which the executable work runs, or a
>>> compiler used to produce the work, or an object code interpreter used to
>>> run it.
>>> The “Corresponding Source” for a work in object code form means all the
>>> source code needed to generate, install, and (for an executable work) run
>>> the object code and to modify the work, including scripts to control those
>>> activities. However, it does not include the work's System Libraries, or
>>> general-purpose tools or generally available free programs which are used
>>> unmodified in performing those activities but which are not part of the
>>> work. For example, Corresponding Source includes interface definition files
>>> associated with source files for the work, and the source code for shared
>>> libraries and dynamically linked subprograms that the work is specifically
>>> designed to require, such as by intimate data communication or control flow
>>> between those subprograms and other parts of the work.
>>> The Corresponding Source need not include anything that users can
>>> regenerate automatically from other parts of the Corresponding Source.
>>> The Corresponding Source for a work in source code form is that same
>>> work.
>>> 2. Basic Permissions.
>>> All rights granted under this License are granted for the term of
>>> copyright on the Program, and are irrevocable provided the stated
>>> conditions are met. This License explicitly affirms your unlimited
>>> permission to run the unmodified Program, subject to section 13. The output
>>> from running a covered work is covered by this License only if the output,
>>> given its content, constitutes a covered work. This License acknowledges
>>> your rights of fair use or other equivalent, as provided by copyright law.
>>> Subject to section 13, you may make, run and propagate covered works
>>> that you do not convey, without conditions so long as your license
>>> otherwise remains in force. You may convey covered works to others for the
>>> sole purpose of having them make modifications exclusively for you, or
>>> provide you with facilities for running those works, provided that you
>>> comply with the terms of this License in conveying all material for which
>>> you do not control copyright. Those thus making or running the covered
>>> works for you must do so exclusively on your behalf, under your direction
>>> and control, on terms that prohibit them from making any copies of your
>>> copyrighted material outside their relationship with you.
>>> Conveying under any other circumstances is permitted solely under the
>>> conditions stated below. Sublicensing is not allowed; section 10 makes it
>>> unnecessary.
>>> 3. Protecting Users' Legal Rights From Anti-Circumvention Law.
>>> No covered work shall be deemed part of an effective technological
>>> measure under any applicable law fulfilling obligations under article 11 of
>>> the WIPO copyright treaty adopted on 20 December 1996, or similar laws
>>> prohibiting or restricting circumvention of such measures.
>>> When you convey a covered work, you waive any legal power to forbid
>>> circumvention of technological measures to the extent such circumvention is
>>> effected by exercising rights under this License with respect to the
>>> covered work, and you disclaim any intention to limit operation or
>>> modification of the work as a means of enforcing, against the work's users,
>>> your or third parties' legal rights to forbid circumvention of
>>> technological measures.
>>> 4. Conveying Verbatim Copies.
>>> You may convey verbatim copies of the Program's source code as you
>>> receive it, in any medium, provided that you conspicuously and
>>> appropriately publish on each copy an appropriate copyright notice; keep
>>> intact all notices stating that this License and any non-permissive terms
>>> added in accord with section 7 apply to the code; keep intact all notices
>>> of the absence of any warranty; and give all recipients a copy of this
>>> License along with the Program.
>>> You may charge any price or no price for each copy that you convey, and
>>> you may offer support or warranty protection for a fee.
>>> 5. Conveying Modified Source Versions.
>>> You may convey a work based on the Program, or the modifications to
>>> produce it from the Program, in the form of source code under the terms of
>>> section 4, provided that you also meet all of these conditions:
>>> a) The work must carry prominent notices stating that you modified it,
>>> and giving a relevant date.
>>> b) The work must carry prominent notices stating that it is released
>>> under this License and any conditions added under section 7. This
>>> requirement modifies the requirement in section 4 to “keep intact all
>>> notices”.
>>> c) You must license the entire work, as a whole, under this License to
>>> anyone who comes into possession of a copy. This License will therefore
>>> apply, along with any applicable section 7 additional terms, to the whole
>>> of the work, and all its parts, regardless of how they are packaged. This
>>> License gives no permission to license the work in any other way, but it
>>> does not invalidate such permission if you have separately received it.
>>> d) If the work has interactive user interfaces, each must display
>>> Appropriate Legal Notices; however, if the Program has interactive
>>> interfaces that do not display Appropriate Legal Notices, your work need
>>> not make them do so.
>>> A compilation of a covered work with other separate and independent
>>> works, which are not by their nature extensions of the covered work, and
>>> which are not combined with it such as to form a larger program, in or on a
>>> volume of a storage or distribution medium, is called an “aggregate” if the
>>> compilation and its resulting copyright are not used to limit the access or
>>> legal rights of the compilation's users beyond what the individual works
>>> permit. Without limiting section 13, inclusion of a covered work in an
>>> aggregate does not cause this License to apply to the other parts of the
>>> aggregate.
>>> 6. Conveying Non-Source Forms.
>>> You may convey a covered work in object code form under the terms of
>>> sections 4 and 5, provided that you also convey the machine-readable
>>> Corresponding Source under the terms of this License, in one of these ways:
>>> a) Convey the object code in, or embodied in, a physical product
>>> (including a physical distribution medium), accompanied by the
>>> Corresponding Source fixed on a durable physical medium customarily used
>>> for software interchange.
>>> b) Convey the object code in, or embodied in, a physical product
>>> (including a physical distribution medium), accompanied by a written offer,
>>> valid for at least three years and valid for as long as you offer spare
>>> parts or customer support for that product model, to give anyone who
>>> possesses the object code either (1) a copy of the Corresponding Source for
>>> all the software in the product that is covered by this License, on a
>>> durable physical medium customarily used for software interchange, for a
>>> price no more than your reasonable cost of physically performing this
>>> conveying of source, or (2) access to copy the Corresponding Source from a
>>> network server at no charge.
>>> c) Convey individual copies of the object code with a copy of the
>>> written offer to provide the Corresponding Source. This alternative is
>>> allowed only occasionally and noncommercially, and only if you received the
>>> object code with such an offer, in accord with subsection 6b.
>>> d) Convey the object code by offering access from a designated place
>>> (gratis or for a charge), and offer equivalent access to the Corresponding
>>> Source in the same way through the same place at no further charge. You
>>> need not require recipients to copy the Corresponding Source along with the
>>> object code. If the place to copy the object code is a network server, the
>>> Corresponding Source may be on a different server (operated by you or a
>>> third party) that supports equivalent copying facilities, provided you
>>> maintain clear directions next to the object code saying where to find the
>>> Corresponding Source. Regardless of what server hosts the Corresponding
>>> Source, you remain obligated to ensure that it is available for as long as
>>> needed to satisfy these requirements.
>>> e) Convey the object code using peer-to-peer transmission, provided you
>>> inform other peers where the object code and Corresponding Source of the
>>> work are being offered to the general public at no charge under subsection
>>> 6d.
>>> A separable portion of the object code, whose source code is excluded
>>> from the Corresponding Source as a System Library, need not be included in
>>> conveying the object code work.
>>> A “User Product” is either (1) a “consumer product”, which means any
>>> tangible personal property which is normally used for personal, family, or
>>> household purposes, or (2) anything designed or sold for incorporation into
>>> a dwelling. In determining whether a product is a consumer product,
>>> doubtful cases shall be resolved in favor of coverage. For a particular
>>> product received by a particular user, “normally used” refers to a typical
>>> or common use of that class of product, regardless of the status of the
>>> particular user or of the way in which the particular user actually uses,
>>> or expects or is expected to use, the product. A product is a consumer
>>> product regardless of whether the product has substantial commercial,
>>> industrial or non-consumer uses, unless such uses represent the only
>>> significant mode of use of the product.
>>> “Installation Information” for a User Product means any methods,
>>> procedures, authorization keys, or other information required to install
>>> and execute modified versions of a covered work in that User Product from a
>>> modified version of its Corresponding Source. The information must suffice
>>> to ensure that the continued functioning of the modified object code is in
>>> no case prevented or interfered with solely because modification has been
>>> made.
>>> If you convey an object code work under this section in, or with, or
>>> specifically for use in, a User Product, and the conveying occurs as part
>>> of a transaction in which the right of possession and use of the User
>>> Product is transferred to the recipient in perpetuity or for a fixed term
>>> (regardless of how the transaction is characterized), the Corresponding
>>> Source conveyed under this section must be accompanied by the Installation
>>> Information. But this requirement does not apply if neither you nor any
>>> third party retains the ability to install modified object code on the User
>>> Product (for example, the work has been installed in ROM).
>>> The requirement to provide Installation Information does not include a
>>> requirement to continue to provide support service, warranty, or updates
>>> for a work that has been modified or installed by the recipient, or for the
>>> User Product in which it has been modified or installed. Access to a
>>> network may be denied when the modification itself materially and adversely
>>> affects the operation of the network or violates the rules and protocols
>>> for communication across the network.
>>> Corresponding Source conveyed, and Installation Information provided, in
>>> accord with this section must be in a format that is publicly documented
>>> (and with an implementation available to the public in source code form),
>>> and must require no special password or key for unpacking, reading or
>>> copying.
>>> 7. Additional Terms.
>>> “Additional permissions” are terms that supplement the terms of this
>>> License by making exceptions from one or more of its conditions. Additional
>>> permissions that are applicable to the entire Program shall be treated as
>>> though they were included in this License, to the extent that they are
>>> valid under applicable law. If additional permissions apply only to part of
>>> the Program, that part may be used separately under those permissions, but
>>> the entire Program remains governed by this License without regard to the
>>> additional permissions.
>>> When you convey a copy of a covered work, you may at your option remove
>>> any additional permissions from that copy, or from any part of it.
>>> (Additional permissions may be written to require their own removal in
>>> certain cases when you modify the work.) You may place additional
>>> permissions on material, added by you to a covered work, for which you have
>>> or can give appropriate copyright permission.
>>> Notwithstanding any other provision of this License, for material you
>>> add to a covered work, you may (if authorized by the copyright holders of
>>> that material) supplement the terms of this License with terms:
>>> a) Disclaiming warranty or limiting liability differently from the terms
>>> of sections 15 and 16 of this License; or
>>> b) Requiring preservation of specified reasonable legal notices or
>>> author attributions in that material or in the Appropriate Legal Notices
>>> displayed by works containing it; or
>>> c) Prohibiting misrepresentation of the origin of that material, or
>>> requiring that modified versions of such material be marked in reasonable
>>> ways as different from the original version; or
>>> d) Limiting the use for publicity purposes of names of licensors or
>>> authors of the material; or
>>> e) Declining to grant rights under trademark law for use of some trade
>>> names, trademarks, or service marks; or
>>> f) Requiring indemnification of licensors and authors of that material
>>> by anyone who conveys the material (or modified versions of it) with
>>> contractual assumptions of liability to the recipient, for any liability
>>> that these contractual assumptions directly impose on those licensors and
>>> authors.
>>> All other non-permissive additional terms are considered “further
>>> restrictions” within the meaning of section 10. If the Program as you
>>> received it, or any part of it, contains a notice stating that it is
>>> governed by this License along with a term that is a further restriction,
>>> you may remove that term. If a license document contains a further
>>> restriction but permits relicensing or conveying under this License, you
>>> may add to a covered work material governed by the terms of that license
>>> document, provided that the further restriction does not survive such
>>> relicensing or conveying.
>>> If you add terms to a covered work in accord with this section, you must
>>> place, in the relevant source files, a statement of the additional terms
>>> that apply to those files, or a notice indicating where to find the
>>> applicable terms.
>>> Additional terms, permissive or non-permissive, may be stated in the
>>> form of a separately written license, or stated as exceptions; the above
>>> requirements apply either way.
>>> 8. Termination.
>>> You may not propagate or modify or otherwise use a covered work except
>>> as expressly provided under this License. Any attempt otherwise to
>>> propagate or modify or otherwise use it is void, and will automatically
>>> terminate your rights under this License (including any patent licenses
>>> granted under the third paragraph of section 11).
>>> However, if you cease all violation of this License, then your license
>>> from a particular copyright holder is reinstated (a) provisionally, unless
>>> and until the copyright holder explicitly and finally terminates your
>>> license, and (b) permanently, if the copyright holder fails to notify you
>>> of the violation by some reasonable means prior to 60 days after the
>>> cessation.
>>> Moreover, your license from a particular copyright holder is reinstated
>>> permanently if the copyright holder notifies you of the violation by some
>>> reasonable means, this is the first time you have received notice of
>>> violation of this License (for any work) from that copyright holder, and
>>> you cure the violation prior to 30 days after your receipt of the notice.
>>> Termination of your rights under this section does not terminate the
>>> licenses of parties who have received copies or rights from you under this
>>> License. If your rights have been terminated and not permanently
>>> reinstated, you do not qualify to receive new licenses for the same
>>> material under section 10.
>>> 9. Acceptance Not Required for Having Copies.
>>> You are not required to accept this License in order to receive or run a
>>> single copy of the Program. Ancillary propagation of a covered work
>>> occurring solely as a consequence of using peer-to-peer transmission to
>>> receive a copy likewise does not require acceptance. However, nothing other
>>> than this License grants you permission to use, propagate or modify any
>>> covered work. These actions infringe copyright if you do not accept this
>>> License. Therefore, by using, modifying or propagating a covered work, you
>>> indicate your acceptance of this License to do so.
>>> 10. Automatic Licensing of Downstream Recipients.
>>> Each time you convey a covered work, the recipient automatically
>>> receives a license from the original licensors, to run, modify and
>>> propagate that work, subject to this License. You are not responsible for
>>> enforcing compliance by third parties with this License.
>>> An “entity transaction” is a transaction transferring control of an
>>> organization, or substantially all assets of one, or subdividing an
>>> organization, or merging organizations. If propagation of a covered work
>>> results from an entity transaction, each party to that transaction who
>>> receives a copy of the work also receives whatever licenses to the work the
>>> party's predecessor in interest had or could give under the previous
>>> paragraph, plus a right to possession of the Corresponding Source of the
>>> work from the predecessor in interest, if the predecessor has it or can get
>>> it with reasonable efforts.
>>> You may not impose any further restrictions on the exercise of the
>>> rights granted or affirmed under this License. For example, you may not
>>> impose a license fee, royalty, or other charge for exercise of rights
>>> granted under this License, and you may not initiate litigation (including
>>> a cross-claim or counterclaim in a lawsuit) alleging that any patent claim
>>> is infringed by making, using, selling, offering for sale, or importing the
>>> Program or any portion of it.
>>> 11. Patents.
>>> A “contributor” is a copyright holder who authorizes use under this
>>> License of the Program or a work on which the Program is based. The work
>>> thus licensed is called the contributor's “contributor version”.
>>> A contributor's “essential patent claims” are all patent claims owned or
>>> controlled by the contributor, whether already acquired or hereafter
>>> acquired, that would be infringed by some manner, permitted by this
>>> License, of making, using, or selling its contributor version, but do not
>>> include claims that would be infringed only as a consequence of further
>>> modification of the contributor version. For purposes of this definition,
>>> “control” includes the right to grant patent sublicenses in a manner
>>> consistent with the requirements of this License.
>>> Each contributor grants you a non-exclusive, worldwide, royalty-free
>>> patent license under the contributor's essential patent claims, to make,
>>> use, sell, offer for sale, import and otherwise run, modify and propagate
>>> the contents of its contributor version.
>>> In the following three paragraphs, a “patent license” is any express
>>> agreement or commitment, however denominated, not to enforce a patent (such
>>> as an express permission to practice a patent or covenant not to sue for
>>> patent infringement). To “grant” such a patent license to a party means to
>>> make such an agreement or commitment not to enforce a patent against the
>>> party.
>>> If you convey a covered work, knowingly relying on a patent license, and
>>> the Corresponding Source of the work is not available for anyone to copy,
>>> free of charge and under the terms of this License, through a publicly
>>> available network server or other readily accessible means, then you must
>>> either (1) cause the Corresponding Source to be so available, or (2)
>>> arrange to deprive yourself of the benefit of the patent license for this
>>> particular work, or (3) arrange, in a manner consistent with the
>>> requirements of this License, to extend the patent license to downstream
>>> recipients. “Knowingly relying” means you have actual knowledge that, but
>>> for the patent license, your conveying the covered work in a country, or
>>> your recipient's use of the covered work in a country, would infringe one
>>> or more identifiable patents in that country that you have reason to
>>> believe are valid.
>>> If, pursuant to or in connection with a single transaction or
>>> arrangement, you convey, or propagate by procuring conveyance of, a covered
>>> work, and grant a patent license to some of the parties receiving the
>>> covered work authorizing them to use, propagate, modify or convey a
>>> specific copy of the covered work, then the patent license you grant is
>>> automatically extended to all recipients of the covered work and works
>>> based on it.
>>> A patent license is “discriminatory” if it does not include within the
>>> scope of its coverage, prohibits the exercise of, or is conditioned on the
>>> non-exercise of one or more of the rights that are specifically granted
>>> under this License. You may not convey a covered work if you are a party to
>>> an arrangement with a third party that is in the business of distributing
>>> software, under which you make payment to the third party based on the
>>> extent of your activity of conveying the work, and under which the third
>>> party grants, to any of the parties who would receive the covered work from
>>> you, a discriminatory patent license (a) in connection with copies of the
>>> covered work conveyed by you (or copies made from those copies), or (b)
>>> primarily for and in connection with specific products or compilations that
>>> contain the covered work, unless you entered into that arrangement, or that
>>> patent license was granted, prior to 28 March 2007.
>>> Nothing in this License shall be construed as excluding or limiting any
>>> implied license or other defenses to infringement that may otherwise be
>>> available to you under applicable patent law.
>>> 12. No Surrender of Others' Freedom.
>>> If conditions are imposed on you (whether by court order, agreement or
>>> otherwise) that contradict the conditions of this License, they do not
>>> excuse you from the conditions of this License. If you cannot use,
>>> propagate or convey a covered work so as to satisfy simultaneously your
>>> obligations under this License and any other pertinent obligations, then as
>>> a consequence you may not use, propagate or convey it at all. For example,
>>> if you agree to terms that obligate you to collect a royalty for further
>>> conveying from those to whom you convey the Program, the only way you could
>>> satisfy both those terms and this License would be to refrain entirely from
>>> conveying the Program.
>>> 13. Offering the Program as a Service.
>>> If you make the functionality of the Program or a modified version
>>> available to third parties as a service, you must make the Service Source
>>> Code available via network download to everyone at no charge, under the
>>> terms of this License or, solely with respect to any programs (other than
>>> the Program or a modified version) for which you do not have the right to
>>> make the Corresponding Source available under the terms of this License,
>>> under the terms of a license that has been approved by the Open Source
>>> Initiative or categorized by the Free Software Foundation as free. Making
>>> the functionality of the Program or modified version available to third
>>> parties as a service includes, without limitation, enabling third parties
>>> to interact with the functionality of the Program or modified version
>>> remotely through a computer network, offering a service the value of which
>>> entirely or primarily derives from the value of the Program or modified
>>> version, or offering a service that accomplishes for users the primary
>>> purpose of the Program or modified version.
>>> “Service Source Code” means the Corresponding Source for the Program or
>>> a modified version, and the Corresponding Source for all programs (other
>>> than programs that are Major Components or System Libraries) that you use
>>> to make the Program or modified version available as a service, including,
>>> without limitation, management software, user interfaces, application
>>> program interfaces, automation software, monitoring software, backup
>>> software, and host orchestration software, all such that a user could run
>>> an instance of the service using the Service Source Code you make
>>> available.
>>> 14. Revised Versions of this License.
>>> MongoDB, Inc. may publish revised and/or new versions of the Server Side
>>> Public License from time to time. Such new versions will be similar in
>>> spirit to the present version, but may differ in detail to address new
>>> problems or concerns.
>>> Each version is given a distinguishing version number. If the Program
>>> specifies that a certain numbered version of the Server Side Public License
>>> “or any later version” applies to it, you have the option of following the
>>> terms and conditions either of that numbered version or of any later
>>> version published by MongoDB, Inc. If the Program does not specify a
>>> version number of the Server Side Public License, you may choose any
>>> version ever published by MongoDB, Inc.
>>> If the Program specifies that a proxy can decide which future versions
>>> of the Server Side Public License can be used, that proxy's public
>>> statement of acceptance of a version permanently authorizes you to choose
>>> that version for the Program.
>>> Later license versions may give you additional or different permissions.
>>> However, no additional obligations are imposed on any author or copyright
>>> holder as a result of your choosing to follow a later version.
>>> 15. Disclaimer of Warranty.
>>> THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
>>> APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
>>> HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY
>>> OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
>>> THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
>>> PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
>>> IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
>>> NECESSARY SERVICING, REPAIR OR CORRECTION.
>>> 16. Limitation of Liability.
>>> IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
>>> WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS
>>> THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
>>> GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
>>> USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
>>> DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
>>> PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
>>> EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
>>> SUCH DAMAGES.
>>> 17. Interpretation of Sections 15 and 16.
>>> If the disclaimer of warranty and limitation of liability provided above
>>> cannot be given local legal effect according to their terms, reviewing
>>> courts shall apply local law that most closely approximates an absolute
>>> waiver of all civil liability in connection with the Program, unless a
>>> warranty or assumption of liability accompanies a copy of the Program in
>>> return for a fee.
>>> END OF TERMS AND CONDITIONS
>>>
>>> _______________________________________________
> License-review mailing list
> License-review at lists.opensource.org
>
> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
>
-- 
Cheers, Martijn (Sent from Gmail Mobile)
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.opensource.org/pipermail/license-review_lists.opensource.org/attachments/20190309/39e3bd66/attachment-0001.html>