Bixoft Public License Version 0.N - Proposal
Bixoft Public License - Proposal.
It is our intention to make the Bixoft eXtended Assembly Language macro
library and several sample programs available to the public under the
following "Public License". Publication of our macros and sample
programs will follow as soon as the Public License reaches version 1.0.
Remark:
This is an intermediate version of the Bixoft Public License, with
"proposal" status. It is subject to change without notification. The first
final version will be published with version number 1.0. The rationale, this
remark and all other remarks contained in this version of the document will
not be part of the final version. All of your comments are welcome; please
e-mail us. Please observe that Bixoft
is a "one man's army", therefore it may take a few days before you receive a
response to your mail.
THE ACCOMPANYING SOFTWARE IS PROVIDED UNDER THE TERMS OF THIS LICENSE.
Nothing but acceptance of this License grants you permission to use, modify,
reproduce or distribute the licensed Software or any of its derivative
works. Therefore:
ANY USE, MODIFICATION, REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE CONSTITUTES
RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
Rationale
We (Abe Kornelis of B.V. Bixoft with support from Steve Lhomme of Mukoli)
would have preferred to use an existing OSI-approved license, or a copy of
one with only slight modifications. Unfortunately none of the licenses
currently approved by the OSI meet all of the following criteria:
Distinguish between programming tools and other software and make it
possible to distribute both types of software in a single package.
> We need to make the distinction because it would be unreasonable to
treat anything made with the distributed software as a derivative. Taken
to extremes: a C program is not a derivative of the compiler used to
create the executable.
>> Only LGPL distinguishes libraries of objects and/or executables from
"ordinary" software, but the programming tool concept relates to source
and/or code generation rather than linkage.
Require contributors to allow the copyright holder to incorporate any
or all of their distributed modifications in future releases of the
software.
> We need this in order to keep the software consistent with
contributions distributed by others. We wish to keep the amount of
source code forking to the absolute minimum, but this requires to
expressly claim this right, so that all contributors know in advance
that their contributions, when distributed, may be incorporated in a
future release of the software.
>> Only QPL and Apple currently have such an explicit provision.
Treat copyrights and patent rights separately and explicitly. Even though
a lot of people have serious objections to the current trend in software
patents, such patents are currently a fact and need to be dealt with.
> For obvious legal reasons.
>> Some of the existing licenses do, but not all of them.
Disallow object-only distributions.
> We feel that source code of the software should be made available to
all users, either with the distribution itself, or through some other
medium.
>> Some licenses appear to allow non-source re-distributions. We regard
this as being in conflict with our intentions regarding the software we
wish to distribute under this license.
Require that modifications remain recognizable as such.
> This is to facilitate re-applying modifications from one user to
another. It also is intended to facilitate the incorporation of
modifications into new releases. Plus it helps tremendously to
determine - in case of conflict - who authored which parts of the
software.
>> Several existing licenses have such a clause, but not all of them
do.
Make our dual licensing policy explicit.
> We make the software available to the public, free for anyone to
use. However, if anyone (read large software companies) wishes to
use the software they can do so with the free version only if they
too yield their sources to the free software community. If they
don't want to do that, they'll have to obtain a closed license for
their use of the software.
>> Currently only the GPL/LGPL and MPL licenses are explicit on dual
licensing.
Allow the copyright holder to select the applicable law.
> Since Bixoft is based in the Netherlands and Mukoli in France.
>> None of the OSI-approved licenses does this, but this would be
only a minor change to most extant OSI-approved licenses.
Allow application of local languages in addition to English.
> For enhanced applicability.
>> None of the OSI-approved licenses does this.
We have found that the need for distinguishing between Programming Tools
and other software (as well as distinguishing between Dependent Software and
Derivatives) is not too self-evident. Therefore please consider the
following:
Bixoft has written an extensive macro library (for use with IBM's high
level assembler) that we wish to distribute. We also have a handful of
utility programs that we wish to distribute. These programs make use of the
macros, but the macros are only shorthands for more or less complicated
fragments of code. That is: during the assembly process the high-level
assembler uses the macro definitions to generate additional source code
which is then assembled into object (machine) code.
When distributing software under our license the receiver is obliged to
use that same license if he/she ever wishes to distribute anything based
upon our software. For 'normal' software this is ok, but for software that
is to be used for creating other software this seems unreasonable. Think for
example of compilers and other programming tools. Let me explain why such
software needs to be treated differently.
When someone changes our software we claim that it still is our software,
when someone changes our macro library we claim that it still is our macro
library. As long as it is (or contains) our software any redistribution must
be covered by our license, the one we chose to use.
When someone creates a new program using our macro library, it is his/her
own program. That program still would need our macro library to assemble
correctly, but that would not make it our program. We have chosen the term
'dependent software' for such programs.
There is, of course, an exception: if someone creates a new program using
our macro library, also incorporating parts of our utility programs, then we
would claim that the new program is a derivative of our utilities.
When the author of such new programs starts distributing those programs
things get more complicated, because he/she is obliged to include the macro
library used to create the new programs. That is, the exact version that the
programmer used to build the programs to be distributed! Otherwise, the
distributed source would be useless to the receiver.
This version, however, may contain modifications. Now which rules apply to
such a distro? The rules for Derivatives, because it contains modifications
to our macro library, or the rules for Dependent Software, because the
programmer is distributing new programs that are not ours by any means?
The solution that we found is this: new programs can be regarded as
Dependent Software only:
if they do not use any part of our Software, other than the Programming
Tools, and
if they are distributed without changes to the Programming Tools
themselves.
ad 1: This has been stated above. If any other portion of our software is
used in the new programs, they are in fact a Derivative of our software and
must be treated accordingly.
ad 2: If they are packaged with Modifications to our software, then the
entire package must be distributed under all restrictions imposed on our
software and all of its derivatives. That is, even though we do not claim
that the new programs are Derivatives of our software, they must be treated
as such, as long as the entire distribution is a single unit.
The obvious solution is to separate such a distro into two packages - one
with the programming tools and their modifications, and one with the new
programs.
For the license text we formulated all this in a more abstract manner by
replacing the terms above as follows:
our macro library -> Programming Tools
our utilities -> Software
new programs -> Dependent Software
So, looking at all of the requirements above we felt forced to create (yet)
another open source license. We chose to create our proposal in a skeleton
form, so that others may easily use it for their own purposes. What follows
is a preamble (like the Jabber Open Source License) including a Glossary,
which in turn is followed by the actual license.
Preamble
This preamble is intended to describe, in plain usual English, the nature and
scope of this license. However, this preamble is not a part of this license.
The legal effect of this license is dependent only upon the terms of the
license and not this preamble.
If OSI grants approval to this license, then we will insert the following
paragraph right here:
This license complies with the Open Source Definition and has been
approved by the Open Source Initiative -
http://www.opensource.org.
Software distributed under this license may be marked as "OSI Certified
Open Source Software".
The following links to each section of the license and lists a short
description of that section's content and intent:
1)
Claims our copyright to the license document.
2)
Defines various terms used in the license.
3)
States that if you cannot or will not comply with this license, then you
must either obtain a different license for the software, or you may not use
the software at all.
4)
States that you may use this license for your own software.
If you would like to use a modified version, please contact B.V. Bixoft
with your request.
5)
Specifies that only B.V. Bixoft may issue new versions of this license;
you may at all times replace your version of the license with the most
current version authorized for your software. It is
up to the each copyright holder to decide on authorization of
license versions for their software.
6)
Defines the applicable law and details of conflict resolution. Also
treats various legal details.
7)
Claims all applicable intellectual property rights.
8)
Grants you the rights - other than third-party patents - you need to be
able to legally use, copy, modify and execute the licensed software.
9)
Allows you to modify the licensed software, provided that your
modifications are kept identifiable and you do not mangle any notices or
disclaimers.
10)
Defines what exactly are "derivatives" and "dependent software" and allows
you to make such derivatives and/or dependent software.
11)
Allows you to create a larger work (i.e. a collective work), provided that
you still comply with this license for the incorporated software.
12)
States that you may keep your modifications, derivatives and
dependent software private, or you can supply them to the copyright
holder. Alternatively, you may distribute such software yourself, provided
you meet the following criteria:
12.1)
An unchanged copy of this license must be included.
For dependent software only, this license may be replaced by a
different OSI-approved license.
12.2)
The software may be (re)distributed only under the included license.
12.3)
Modifications and derivatives may be distributed as patch or delta
files, or they may be distributed in an integrated version. In either
case the correct copyright notice must be included.
12.4)
If you distribute the software without the sources, these sources have
to be publicly available (in a machine-usable form).
12.5)
Distribution of modifications and derivatives (not dependent
software) requires you to grant the copyright holder the right to
incorporate your modifications in future releases of the software.
12.6)
Dependent software must be accompanied by the programming tools used
to create it.
13)
You are allowed - if you redistribute the software - to grant additional
rights to your users, provided that you shield all other contributors and
distributors from any liability whatsoever.
14)
States details in case the U.S. Government uses the licensed software.
15)
States that this license will be revoked automatically if you do not
comply with this license.
16)
Asserts that you may no longer use the software under this license
if you claim that the licensed software infringes any of your patents.
17)
Makes explicit that the software comes with absolutely no warranty
whatsoever at all.
18)
Makes explicit that all liability resulting from the use of the software
is yours alone and nobody else's.
Glossary
Anyone
Any person or entity
Co-Licensor
Anyone licensing any rights under this License, excluding
the Copyright Holder
Contribution
The Software and anything added to it by contributors
Contributor
The Copyright Holder and anyone else who contributes to the Software
Copyright Holder
The owner of the copyright(s) of your licensed software
Copyright Notice
The modified or translated copy of Exhibit A included with your licensed
software.
Country
The country whose laws apply
Court
The court where conflicts will be settled
Delta File
A delta or patch file specifying differences between two versions of a
Source File
Dependent Software
Software that depends on the Software, but is not derived from it
Derivatives
Translated, modified or enhanced versions of the Software
Distributor
The Copyright Holder and anyone else distributing the Software
Entity
A legal or other entity, not being a person
Gratis
For (nearly) no charge
Larger Work
A work that combines the Software with other software
License
This license
Licensor
Anyone who applies this license to his/her own software
Modification
Any change to the Software
Programming Tool
Any part of the Software designated as such by the Copyright Holder
Software
Anything distributed under this license
Source Code
Preferred form of the Software for making changes
Source File
A file or member containing Source Code
State
The state (within Country) whose laws apply
User
Anyone who possesses a copy of the Software
LICENSE TERMS
THE
ACCOMPANYING SOFTWARE IS PROVIDED UNDER THE TERMS OF THIS LICENSE.
Nothing but acceptance of this License grants you permission to use, modify,
reproduce or distribute the licensed Software or any of its derivative
works. Therefore:
ANY USE, MODIFICATION, REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE CONSTITUTES
RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
General
1. Copyright
Copyright © 2001-2004 B.V. Bixoft, The Netherlands. All rights
reserved. This License itself is protected by Dutch copyright law, and is
governed by the laws of The Netherlands. Disputes with regard to the License
itself shall be settled by a Dutch court with appropriate jurisdiction.
2. Definitions
This section defines - in alphabetical order - various terms used in
this License. They are used in this License without explicit
mention of their definition.
In this License both singular and plural forms are used interchangeably
to designate either the singular and/or the plural form, except where a
notice to the contrary is expressly included. This statement can be
applied generally; it's application is not intended to be restricted
to the terms defined below.
Anyone:
Any person or any Entity or any group of any number of persons and/or
Entities.
Co-Licensor:
Anyone other than Copyright Holder, who under this License does license
any rights associated with any Contribution(s).
If ownership of any of such rights is transferred from any of these parties
(old Co-Licensor) to one or more other parties (new Co-Licensor), then the
new Co-Licensor will serve as Co-Licensor instead of the old Co-Licensor,
unless the old Co-Licensor retains ownership of some portion(s) of the
granted right(s) in which case the new Co-Licensor will serve as Co-Licensor
in addition to the old Co-Licensor as appropriate, and each party only for
the right(s) owned by that party.
If Co-Licensor incurs any obligations with respect to such right(s) then
those obligations are transferred with ownership of these right(s).
Contribution:
The Software distributed by Copyright Holder and/or any Modification(s)
and/or any Derivative(s) that the owning Contributor has supplied to the
Copyright Holder and/or to any third party or parties.
Dependent Software is not treated as a Contribution.
Contributor:
Anyone - including Copyright Holder - supplying any Contribution(s)
in any form to any third party or parties.
If ownership of any of the rights granted in this License is transferred
from any of these parties (old Contributor) to one or more other parties
(new Contributor), then the new Contributor will serve as Contributor
instead of the old Contributor, unless the old Contributor retains ownership
of some portion(s) of the granted right(s) in which case the new Contributor
will serve as Contributor in addition to the old Contributor as appropriate,
and each party only for the right(s) owned by that party.
If Contributor incurs any obligations with respect to these right(s) then
those obligations are transferred with ownership of these right(s).
Copyright Holder:
Anyone named as copyright holder in the Copyright Notice.
If ownership of any of the rights granted in this License is transferred
from any of these parties (old Copyright Holder) to one or more other
parties (new Copyright Holder), then the new Copyright Holder will serve as
Copyright Holder instead of the old Copyright Holder, unless the old
Copyright Holder retains ownership of some portion(s) of the granted rights
in which case the new Copyright Holder will serve as Copyright Holder in
addition to the old Copyright Holder as appropriate, and each party only for
the rights owned by that party.
If Copyright Holder incurs any obligations with respect to these right(s)
then those obligations are transferred with ownership of these right(s).
Copyright Notice:
The modified copy of Exhibit A of this License that serves as copyrights
notice of the Software.
Country:
The country named in the Copyright Notice.
Court:
The court named in the Copyright Notice.
Delta File:
A Source File that specifies one or more Modifications to be applied to a
pre-existing version of a Source File in order to change it into a different
version. A Delta File may appear in compressed or archival form, provided the
appropriate decompression or de-archiving software is both Gratis and widely
available.
Dependent Software:
Any Dependent Software that is not a Derivative. Both terms are defined
in section 10.
Derivatives:
Any Derivative work that is not Dependent Software. Both terms are
defined in section 10.
Distributor:
Anyone - including Copyright Holder - making any version of any
Contribution(s) available by any means to any third party or parties
other than Copyright Holder. This includes amongst others the case
where any executable version of the Software - with or without Modifications
- is made available for access through a network or any other form of direct
or indirect access.
If ownership of any of the rights granted in this License is transferred
from any of these parties (old Distributor) to one or more other parties
(new Distributor), then the new Distributor will serve as Distributor
instead of the old Distributor, unless the old Distributor retains ownership
of some portion(s) of the granted rights in which case the new Distributor
will serve as Distributor in addition to the old Distributor as appropriate,
and each party only for the rights owned by that party.
If Distributor incurs any obligations with respect to these right(s)
then those obligations are transferred with ownership of these right(s).
Entity:
Any legal or other entity. For legal entities, "Entity" includes any
entity which controls, is controlled by, or is under common control with the
Entity. For purposes of this definition, "control" means
the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or
ownership of more than fifty percent (50%) of the outstanding
shares or beneficial ownership of such entity.
Gratis:
For no charge, except for the cost of data transfer and/or taxes imposed
by local and/or national and/or other government(s) and/or any governmental
body or bodies.
Larger Work:
A collective work, as defined by applicable copyright law, that contains
(part or parts of) any Contribution, with or without any additional
Modification(s).
License:
This license as set forth in this document.
Licensor:
Anyone licensing any use of any of his/her own work(s) - as defined by
applicable copyright law - under the terms and conditions of this License.
If ownership of any of the rights granted in this License is transferred
from any of these parties (old Licensor) to one or more other parties
(new Licensor), then the new Licensor will serve as Licensor instead of the
old Licensor, unless the old Licensor retains ownership of some portion(s)
of the granted rights in which case the new Licensor will serve as Licensor
in addition to the old Licensor as appropriate, and each party only for the
rights owned by that party.
If Licensor incurs any obligations with respect to these right(s)
then those obligations are transferred with ownership of these right(s).
Modification:
One or more changes to the Software - including any addition(s) and/or
any deletion(s) - either of whole Source Files or of any section(s) of any
size within Source Files and/or their Derivatives and/or other (prior)
Modifications.
Programming Tool:
Any licensed Software or portion of such Software that is declared as
being a "programming tool" by the Copyright Holder. Such declaration must be
located in the Copyright Notice.
Software:
Any work(s) under applicable copyright law containing a notice placed by
the Copyright Holder saying that it may be distributed under the terms of
this License. In case the Software is (partially) comprised of
and/or accompanied by files and/or members that, by their nature, cannot
contain such a notice, then these files and/or members are regarded as
Software too, provided that such a notice is included in another file or
member where it can easily be located.
For works that contain computer software "Software" includes documentation
and/or any other document(s) and/or accompanying data that can be defined as
a "work" under copyright law.
Source Code:
The preferred form of the Software for making Modifications to it,
including, but not limited to, all its modules, any associated interface
definition files, scripts used to control assembly and/or compilation and/or
installation of the Software and/or any Derivatives (e.g. executables),
linkage editor and/or binder control statements, and/or any other files or
members needed to create the executables required to properly execute the
Software, and any accompanying data required to make the generated
executables function correctly.
Any software (including, but not limited to, assembler, compiler or
interpreter) other than the licensed Software that is needed to create the
executables of the Software, but that is not needed to properly execute the
generated executables is not included in this definition of Source Code,
provided that such software is available from Copyright Holder or from any
other party. This is not to imply that Copyright Holder has any obligation
to make such software available in case other parties no longer do so.
Deliberately obfuscated source code does not qualify as Source Code.
Source File:
A file or member containing Source Code.
Source Files may appear in a compressed or archival form, provided the
appropriate decompression or de-archiving software is both Gratis and widely
available. Source Files may appear as entire sources or they may be
comprised of differential comparisons against any publicly available version
of the Software, provided the appropriate de-comparison software for
(re-)applying the changes to the original Source File(s) of the Software is both
Gratis and widely available.
State:
The state named in the Copyright Notice.
User:
Anyone - other than Copyright Holder - who has, holds, keeps, possesses,
owns or uses a copy of the Software.
3. This License
This License applies to the Software and covers modification and
distribution of the Software, use of third-party application programs based
on the Software, and development of other software that uses the Software.
The intent of this License is to establish freedom to share and change the
Software regulated by this License under the open source model. This License
may be referred to as "Bixoft Public License version 0.N" or "BXAPL 0.N".
Any User who finds the terms and/or conditions of this License not
acceptable either must obtain a different license for the Software, or must
refrain from using - in any way - the Software altogether.
Likewise, any User who finds it impossible to comply with any of the terms
and/or conditions of this License due to statute, judicial order, regulation,
or any other reason, either must obtain a different license for the Software,
or must refrain from using - in any way - the Software altogether.
4. Application of this License
Anyone is permitted to copy and distribute this License document, as long
as the entire License is copied with no changes, deletions, or additions.
Anyone is permitted to become a Licensor
by applying this License to their own software and/or other work(s),
as long as the entire License is copied and applied with no changes,
additions or deletions. By doing so Licensor becomes Copyright Holder
of Licensor's own distributed Software.
Licensor must ensure that each Source File of the software to be licensed
contains an appropriately modified copy of Exhibit A of this License that
serves as a Copyright Notice for the recipients of such software. At least
all terms in Exhibit A of this License that have been enclosed in angle
brackets "<>" must be replaced as appropriate, and the resulting text
must be converted into comments as appropriate in each Source File.
5. License Versions and Translations
No one but B.V. Bixoft is allowed to modify this License; only B.V. Bixoft
may publish new versions of this License. Each version will be given a
distinguishing version number.
Anyone is permitted to translate this License and/or associated Copyright
Notice(s). Such translations may be distributed only if they accompany the
translated English original. Whenever differences in meaning occur the
English version prevails, unless all parties involved agree to use a specific
translation.
Each Licensor has the option to authorize or not to authorize any version
of this License. By authorizing a version the Licensor agrees to make the
authorization status of License versions for Licensor's Software publicly
known and never to withdraw the authorization of that version of the
License.
Authorization may be applied per package or (sub)component of the Software,
at the Licensor's discretion.
Users may at all times replace their version of this License with the
version most recently authorized by the Copyright Holder of their copy of the
Software.
6. Jurisdiction and Legal Details
Licensing of Software under this License is governed by the laws of the
Country and State defined in the Copyright Notice. The application of the
United Nations Convention on Contracts for the International Sale of Goods is
expressly excluded, unless the Copyright Notice states otherwise. Disputes
with regard to the application of this License shall be settled by the Court
defined in the Copyright Notice.
This License constitutes the entire agreement between parties with respect
to the subject matter hereof. Failure by Copyright Holder to enforce any
provision of this License will not be deemed a waiver of future enforcement
of that or any other provision. Any law or regulation that provides that the
language of a contract shall be construed against the drafter will not apply
to this License.
If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of the
remainder of the terms of this License, and without further action by parties
hereto, such provision shall be reformed to the minimum extent necessary to
make such provision valid and enforceable.
Grants and Limitiations
7. Ownership of Intellectual Property
COPYRIGHT HOLDER CLAIMS THE COPYRIGHTS TO THE DISTRIBUTED SOFTWARE AND
ASSOCIATED WORKS WITH ALL RIGHTS RESERVED. COPYRIGHT HOLDER ALSO CLAIMS ANY
APPLICABLE PATENT AND OTHER INTELLECTUAL PROPERTY RIGHTS WITH ALL RIGHTS
RESERVED. ALL OTHER CONTRIBUTORS DO LIKEWISE FOR EACH OF THEIR
CONTRIBUTIONS.
This License does not grant any rights to trademarks, copyrights, patents,
trade secrets or any other intellectual property of any Contributor and/or
Distributor except as expressly stated herein. No right is granted to the
trademark(s) of any Contributor and/or Distributor even if such marks are
included in the Software.
Neither the names of Contributors and/or Distributors nor any of their
products may be used in any way without prior written permission from the
pertinent Contributor(s) and/or Distributor(s). Derivatives and/or Dependent
Software may not be named after the Software, nor may they be given a name
that might be confused with the name of any Contributor and/or any
Distributor or any of their products and/or trademarks.
8. Granted Rigths
Each Contributor grants to Copyright Holder and to all Users - provided
such Users agree to and comply with any and all conditions in this License
- a non-exclusive non-revokable world-wide royalty-free right, subject to
third-party intellectual property claims:
8.1. Copyrights
under copyrights owned by Contributor to use, reproduce, modify, display,
perform, sublicense and distribute the Software.
8.2. Patent Rights
under Contributor's own patent claims necessarily infringed by the making,
using or selling of the Software, to make, have made, use, practice, sell,
and offer for sale, and/or otherwise dispose of the Software. However, no
patent license is granted:
separate from the Software
for any software portions that have been deleted from the Software, or
that have been deactivated in any other way
for infringements caused by Modifications from other Contributors or the
combination of the Software with other software or devices
for hardware per se
8.3. Date of Grant
The licenses granted in sections 8.1 and 8.2 above are effective on the
date Contributor first makes the pertinent Contribution(s) available to the
Copyright Holder and/or to any third party or parties.
8.4. Ownership of Granted Rights
Each Contributor represents that to its knowledge it has sufficient
copyright and patent rights in its Contribution(s), if any, to grant the
licenses granted in sections 8.1 and 8.2 above.
8.5. Liability
User expressly acknowledges that although each Contributor grants the
licenses to its Contribution(s) set forth herein, no assurances are provided
by any Contributor that the Software does not infringe the patent or other
intellectual property rights of any third party or parties. Each Contributor
and each Distributor disclaims any liability to User for claims brought by
any other entity based on infringement of intellectual property rights or
otherwise. AS A CONDITION TO EXERCISING THE RIGHTS AND LICENSES GRANTED UNDER
THIS LICENSE, EACH USER HEREBY ASSUMES SOLE RESPONSIBILITY TO SECURE ANY
OTHER INTELLECTUAL PROPERTY RIGHTS NEEDED, IF ANY.
9. Modifying the Software
Users may make Modifications to their copy of the Software.
The following restrictions apply to Modifications:
9.1. Notices
Modifications must not alter or remove the Copyright Notice, nor any other
copyright notices, trademark notices or disclaimers in the Software.
If the Software contains one or more sections that are marked as an extension
to and/or part of the such a notice, then such section(s) may not be altered or
removed either, except as noted in paragraph 9.2 below.
If the Software produces output containing a copyright notice, then that notice must
remain unaltered as well, except that it may be extended with either the term
"and others" or "et al" and a reference to further information - or their
equivalent(s) in the appropriate language(s).
9.2. License
Users may not change the License for their Software, but they are always
allowed to replace it with the version most recently authorized for that Software
by the Copyright Holder.
If the Software contains any section(s) as outlined in
paragraph 9.1 above, then such sections may be altered,
but only to support such a newer version of the License.
9.3. Documentation
When a User makes Modifications each change applied must be well
documented and clearly distinguishable as being made by that User.
10. Derived and Dependent Works
Users may use the original or modified versions of the
Software to assemble, compile, link-edit and/or run computer programs
legally developed by that User or by others. Users also may develop
computer programs, reusable components and other software items that make
use of or link with the original or any modified version(s) of the
Software. All of these items - including any assembled, compiled or
otherwise translated versions of them - are called "Derivatives", unless
they meet all of the following criteria:
they are either new works under copyright law or derived from one or
more other works that are totally unrelated to the Software.
they make use only of Programming Tools, not of any other components of
the Software
they do not include Modifications either to the Programming Tools or their
function in any way, nor to any other component of the Software
in which case they are called "Dependent Software". If Dependent Software
requires changes to the Software used, then such software - together
with the Modifications to the Software - will be
regarded as a Derivative, unless the Modifications to the Software
are kept separate, in which case such changes are regarded as
Modifications to the Software, and the remaining software as
Dependent Software, provided that it meets all of the criteria above. Both
terms "Derivatives" and "Dependent Software" refer to any number (i.e. one
or more) of such items.
11. Larger Works
Users may use the original or modified versions of the
Software to create a Larger Work by combining it with other software not
governed by the terms of this License, and/or additional Contributions
and/or additional Dependent Software and distribute the Larger Work as a
single product. In such a case, the distributor of the Larger Work must
make sure all requirements of this License are fulfilled for the
Software included in the Larger Work.
12.Distribution of covered and related
materials
Users may keep their Modifications and/or Derivatives and/or Dependent
Software private, in which case sections 12.1 through 12.6 do not
apply.
Users may become a Contributor by supplying their own Contribution(s) to
Anyone, including Copyright Holder. Users may also become a Distributor
by distributing the original Software and/or User's own Contribution(s)
in any form (source, object, executable or other) to Anyone other than
Copyright Holder.
Any User can be a Contributor, a Distributor, both, or neither.
For any Distribution the following applies:
12.1 License
a) General
Irrespective of the included license no terms may be offered or imposed that
alter or restrict the included license or the rights it grants. All Source
Files must include a reference to the included license.
b) License for the Software and/or Modifications and/or Derivatives
This License document must be included - unchanged - in each distribution,
or it may be replaced with the version most recently authorized by the
Copyright Holder at the time each distribution is prepared.
c) License for Dependent Software
This License document must be included - unchanged - in each distribution,
or it may be replaced with the version most recently authorized by the
Copyright Holder at the time each distribution is prepared. Alternatively,
after written permission to do so has been obtained from the Copyright
Holder, the License may be replaced with a different OSI-approved license,
which will be applicable only to Distributor's own Dependent Software.
12.2. Completeness
a) Distributor's own Contributions and/or Dependent Software
Distributor must ensure that any Contribution(s) and/or Dependent Software
included in the distribution are available under the terms of the included
license in addition to any other license(s) of Distributor. The use of such
additional licenses is allowed only for Users who are both Distributor and
Contributor and only for Distributor's own Dependent Software and/or Delta
Files containing Distributor's own Modifications and/or Dependent Software.
b) All other Software and/or Contributions
Distributor must ensure that both the distributed copy of the original
Software and any Modifications and/or Derivatives contributed by other
Contributors are distributed in their entirety with each distribution,
including - but not restricted to - the Copyright Notice, other copyright
notices, trademark notices, and disclaimers, as released by the respective
Contributors, and are available only under the terms of the included
license.
12.3. Form
a) Form of Modifications and/or Derivatives
Distributor may distribute Modifications and/or Derivatives in a form that
is separate from the original Software, such as Delta Files. Distributor must
ensure that such Delta Files either carry a verbatim copy of the original
Copyright Notice, or a copy of it with appropriately changed definitions. The
Copyright Notice may be in a different Source File, which must be easily
recognizable as such. Only the copyright holder of the Delta Files is allowed
to change the Copyright Notice for such Delta Files and only the definitions
of Copyright Holder, Country, State, and Court may be changed. The list of
Contributors may not be changed, except for appending Contributors to
it.
Alternatively, Distributor may distribute Modifications and/or Derivatives in
a version that integrates the distributed Modifications and/or Derivatives
with the original Software. In such cases Distributor must ensure that all
Source Files in such a distribution carry a copy of the original Copyright
Notice, with no changes or deletions, except for additions to its list of
Contributors, as appropriate.
b) Form of Dependent Software
Section 12.3 does not apply to Dependent Software.
12.4. Availability of Source
Distributor must ensure that all recipients of non-source versions of the
Software and/or Modifications and/or Derivatives are also able to receive
and use the complete machine-readable Source Code for all Software and/or
Modifications and/or Derivatives involved, and place prominent notices in the
distribution explaining this. Distributor must ensure that such Source Code
is both Gratis and easily obtainable.
12.5. Grant to Copyright Holder
Contributors distributing their own Modifications and/or Derivatives hereby
grant a non-exclusive non-revokable world-wide royalty-free right to the
Copyright Holder to distribute any such Modifications and/or Derivatives with
future versions of the Software, provided such versions remain available
under the terms of this License in addition to any other license(s) of the
Copyright Holder. If such Modifications and/or Derivatives are not available
to the general public, and the Copyright Holder requests a copy of their
Source Code, then it must be supplied - unless the Copyright Holder waives
this right in the Copyright Notice, in which case the Distributor may or may
not supply the Source Code.
12.6. Dependent Software
Distributors of Dependent Software must ensure that the Dependent Software
is accompanied by a complete distribution of the Programming Tools in the
Software, including any Modifications, as used to create the distributed
Dependent Software and its Derivatives. Distributors of Dependent Software
must ensure that all Source Files of Dependent Software carry a copy of the
original Copyright Notice with appropriately changed definitions. Only the
copyright holder of the distributed Dependent Software is allowed to change
the Copyright Notice for the Dependent Software and only the definitions of
Copyright Holder, Country, State, Court, and waiver status for section 12.5
of this License may be changed, as well as the name that has been given to
the Dependent Software and the details of the copyright claim itself. In the
Copyright Notice for the Dependent Software the copyright holder of the
distributed Dependent Software may either append Contributors to the list of
Contributors, or replace it in its entirety, in which case Distributor must
make sure it contains a reference to the Programming Tools that were used to
create the Dependent Software and its Derivatives.
13. Other Obligations
Distributors may choose to offer warranty, support, indemnity and/or
liability obligations to one or more of their Users under a contract that
is separate from this License. However, Distributors may do so only on
their own behalf, and not on behalf of the Copyright Holder or any other
Contributor and/or Distributor. Such a Distributor must make it clear that
any such warranty, support, indemnity or liability obligation is offered by
that Distributor alone. Distributor hereby agrees to indemnify the Copyright
Holder and every other Contributor and/or Distributor and/or Co-Licensor for
any liability incurred by them as a result of warranty, support, indemnity
or liability terms offered by Distributor.
14. U.S. Government
If the Software is being acquired by or on behalf of the U.S. Government
or by a U.S. Government prime contractor or subcontractor (at any tier),
then the Government's rights in the Software (including the accompanying
documentation) shall be only as set forth in this License; this is in
accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of
Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD
acquisitions).
Termination
15. Termination
This License and the rights granted hereunder will terminate automatically
if User fails to comply with any of the terms herein and fails to cure such
breach within fourteen days of becoming aware of the breach. However, User's
obligations under this License will continue and survive. All sublicenses to
the Software that are properly granted shall survive termination of the
License, provided Users under such a sublicense comply with any and all
conditions in the applicable License.
16. Patent Infringement
If a User (the "Patent Holder") initiates litigation by asserting a patent
infringement claim against any Contributor, (the "Author") alleging that the
Software infringes the Patent Holder's patent(s), then any and all rights
granted by the Author and/or the Copyright Holder to the Patent Holder under
this License shall terminate upon fourteen days notice (the "Notice Period")
unless within the Notice Period the Patent Holder either:
both pays the Author and/or Copyright Holder a mutually agreeable royalty
for the Patent Holder's past use of the Software and agrees in writing to pay
the Author and/or Copyright Holder a mutually agreeable royalty for Patent
Holder's future use of the Software, or
withdraws the Patent Holder's litigation claim with respect to the
Software against Author.
If within the Notice Period a royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation claim is
not withdrawn, the rights granted by the Author and/or Copyright Holder to
the Patent Holder under this License automatically terminate at the
expiration of the Notice Period. However, the Patent Holder's obligations
under this License will continue and survive. All sublicenses to the
Software that are properly granted shall survive termination
of the License, provided Users under such a sublicense comply with any and
all conditions in the applicable License.
DISCLAIMER OF WARRANTY
17. NO WARRANTY
THE DISTRIBUTED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE USER. SHOULD
ANY PART OF THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, THE USER (NOT THE
COPYRIGHT HOLDER NOR ANY OTHER CONTRIBUTOR AND/OR DISTRIBUTOR AND/OR
CO-LICENSOR) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF ANY SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
Each User is solely responsible for determining the appropriateness of using
and distributing the Software and assumes all risks associated with
exercising any right(s) under this License, including but not limited to the
risks and costs of program errors, compliance with applicable laws, damage to
or loss of data, programs or equipment, and unavailability or interruption of
operations.
LIMITATION OF LIABILITY
18. NO LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE USER, THE COPYRIGHT HOLDER,
OR ANY OTHER CONTRIBUTOR AND/OR DISTRIBUTOR AND/OR CO-LICENSOR, OR ANY
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON OR ANY LEGAL ENTITY
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, LOST PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT
ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID UNDER APPLICABLE LAW, USER
AGREES THAT IN NO EVENT WILL THE LIABILITY UNDER OR RELATED TO THIS LICENSE
EXCEED FIFTY US DOLLARS ($50).
Each User is responsible for claims and/or damages arising, directly or
indirectly, out of its utilization of rights under this License, especially
if the use of the Software might cause severe damage, radioactive or other
environmental pollution, personal injury, health hazards, death or other
damages of any kind. User agrees to work with Copyright Holder and/or any
other Contributors and/or Distributors and/or Co-Licensors to distribute
such responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
18.1 Intellectual Property
User may need intellectual property rights other than those granted
in sections 8.1 and 8.2.
As stated in section 8.5 IT IS EACH USER'S SOLE
RESPONSIBILITY TO SECURE ANY SUCH INTELLECTUAL PROPERTY RIGHTS NEEDED.
Please refer to section 8.5 for details on liability with regard to
intellectual property.
Exhibit A
Remark:
Exhibit A serves only as a prototype for the Copyright Notice.
Please refer to te Copyright Notice that came with the Software to
determine the details that apply to you.
******************************************************************************
Copyright Notice.
Licensed material - Property of <Copyright Holder>
This source file is part of <Copyright Holder>'s <Product name>.
(C) Copyright <Copyright Holder>, <Country>, <Year-Year>.
All rights reserved. Modifications (C) copyrighted by their respective
contributors, all rights reserved.
The contents of this file are subject to the Bixoft Public License
Version 0.N (the "License"); you may not use this file in any way except
in compliance with the License. You should have received a copy of the
License with this source; see <file or member name>. You may also obtain
a copy of the License at http://www.bixoft.nl/english/license.htm
or <the web address of your copy of the license>
ANY USE OF THE SOFTWARE CONSTITUTES ACCEPTANCE OF THE LICENSE.
Anything distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.
Entitlement to Source Code of Modifications and/or Derivatives
(see section 12.5 of the License for details) is <not> waived.
Definitions required by the License:
Copyright Holder: <name>, <country>
e-mail: <e-mail address>
Country: <country>, i.e. the laws of <country> apply.
State : <state, or not applicable>
Court : <court designation>
Programming Tool status: This source <is or is not> a Programming Tool.
Contributor(s): Contribution:
<author>, <e-mail address> Original version
..... .....
******************************************************************************
Remarks
on initial section:
Section was taken from IBMPL, first paragraph, and modified to reflect
that not all software is a "program". The mixed-case section was derived
from GPL section 5. This license uses the term Software
to cover programs, libraries, and programming tools. For interactive
programs it is advised that an "I accept"-button is included in the
program.
Remarks
on section 1:
First sentence was taken from QPL, first paragraph of intro, and modified.
Application of law was taken from QPL, last paragraph. We opt for Dutch
law, since we're located in the Netherlands. We chose the court of
Amsterdam because it has more experience in international matters than
most other Dutch courts.
Remarks
on section 2:
Section was added to define various terms. Inclusion of terms defined
in the copyright notice was based on Jabber, section 6.
Remarks
on section 3:
First and second sentences were taken from QPL, second paragraph. Third
sentence was added to fit the skeleton structure of this license. Second
section added to make the dual licensing policy explicit, partly based
upon MPL1.1, section 4.
Remarks
on section 4:
First sentence was inspired by QPL, second sentence of intro.
Remainder was inspired by the Aladdin Free Public License (not an
OSI-approved license), introduction.
Remarks
on section 5:
Various public licenses allow the User to choose any version of the
license document. This leaves too much use for misuse of inadvertent
errors or loopholes in some version of the license. In stead of fixing
Users to the version they once received, we offer them the choice to use
either the version they received with their copy of the Software, or to
replace it with the most current version at the moment of replacement.
Licensors, on the other hand, are allowed to authorize or not to authorize
any version available, so they are not forced to accept conditions of a
newer version if these are not acceptable to them.
Second paragraph was added to allow translations of the License and/or
Copyright Notice. After all, not everybody is equally fluent in English.
Remarks
on section 6:
First paragraph was taken from QPL, last paragraph. Modified to fit
the skeleton structure of this license. The additional statement on the
UNCISG was taken from Jabber PL, section 13.
Second paragraph, first sentence taken from Apple Public License,
section 13.7. Second sentence derived from same, section 13.4. Third
sentence taken from MPL1.1 section 11, last sentence.
Provision for unenforceability taken from IBMPL, section 7, first
paragraph.
Remarks
on section 7:
Claim of intellectual property rights (including copyright and patent
rights) added to make these matters explicit.
Second paragraph was based on the Jabber public license, section 3 of
the license terms. Rephrased it to make it readable and removed some of
the details. Added protection for Contributor's names, trademarks and
products, which was based on the Apache Software License, sections 4 and
5.
Remarks
on section 8:
Section was taken from QPL, granted rights, section 1, and merged with
the Nokia Open Source License, section 2.1.
Remarks
on section 8.1:
Section was derived from Nokia Open Source license, section 2.1a.
Remarks
on section 8.2:
Section was derived from Nokia Open Source license, section 2.1b.
Details from NOKOS section 2.1d were added. Last exception was taken
from IBMPL, last sentence of section 2b.
Remarks
on section 8.3:
Section was derived from Nokia Open Source license, section 2.1c.
Remarks
on section 8.4:
Section was derived from IBMPL, section 2d.
Remarks
on section 8.5:
Section was derived from IBMPL, section 2c. The words "Expressly
acknowledge" were taken from the Apple Public Source License, first
sentence of section 2.3.
Remarks
on section 9:
Section was derived from QPL, granted rights, section 3.
Remarks
on section 9.1:
First sentence was taken from QPL, granted rights, section 3a.
Protection for trademarks and disclaimers was added. Statement on copyright
notice on produced output added too.
Remarks
on section 9.2:
Section was added to allow the User to choose the most current version
of the pertinent license in stead of the version that came with his/her
copy. The intention is to allow the redistributing User a choice of
version, while preventing unnecessary proliferation of outdated or
repaired versions. See also on section 5.
Remarks
on section 9.3:
Section was added to facilitate recognition of source of changes.
Remarks
on section 10:
Section was taken from QPL, granted rights, section 5 and section 6
except its redistribution clause. Joined the texts and made the text
applicable to both macro libraries and programs. Added the definition of
the term "Derivatives", since it seems not always to be clear what exactly
"Derivatives" are. Also added the distinction between Derivatives, which
build upon and expand existing Software, and "Dependent Software", which
is created with the aid of Programming Tools supplied with the Software,
but does not derive from the Software.
We're not too happy with the term "Dependent Software". It was 'invented'
to denote software items that use the Software, but that are
not Derivatives of it - a "work that uses the Library" in terms of the
LGPL. We thought "work that uses the Software" rather
unwieldy. If anyone has a better name for such software, please let us
know; a good name will certainly improve the text of this license.
Remarks
on section 11:
Section was taken from MPL1.1, section 3.7.
Remarks
on section 12:
Section was derived from QPL, granted rights, section 4 and section
6 (just the redistribution clause), with changes to allow for distribution
of changed and/or unchanged versions of the Software in any relevant
format.
Remarks
on section 12.1a:
Section was taken from QPL, granted rights, section 4a. The term
"unchanged" was added for clarity. First sentence was extended to allow
the User to choose the most current version of this license in stead of
the version that came with his/her copy. Analogous to the provision under
on section 9.2. The exclusion of restrictions
was based on third sentence of MPL 1.1 section 3.1. Statement on
alternative licenses was added to give creators of Dependent Software more
freedom in selecting any OSI-approved license.
Remarks
on section 12.1b:
Section was taken from QPL, granted rights, section 4a. The term
"unchanged" was added for clarity. First sentence was extended to allow
the User to choose the most current version of this license in stead of
the version that came with his/her copy. Analogous to the provision under
on section 9.2. The exclusion of restrictions
was based on third sentence of MPL 1.1 section 3.1. Statement on
alternative licenses was added to give creators of Dependent Software more
freedom in selecting any OSI-approved license.
Remarks
on section 12.2:
Section was taken from QPL, granted rights, section 4c. Protection
expanded to include trademark notices and disclaimers. Added dual-license
option for User's Contribution(s).
Remarks
on section 12.3a:
Section was derived from QPL, granted rights, section 3, first
sentence.
Remarks
on section 12.4:
Section was taken from QPL, granted rights, section 4b.
Remarks
on section 12.5:
Section was taken from QPL, granted rights, section 3b and 6c. The terms
"world-wide" and "royalty-free" were inserted in accordance with the first
sentence of on section 8. Distributor changed to
Contributor. Added allowance for waiver of entitlement to Source Code of
Modifications and/or Derivatives because not all Licensors are likely
to require such entitlement.
Remarks
on section 12.6:
Section was added to ensure that Dependent Software is not distributed
without the Programming Tools they were based upon.
Remarks
on section 13:
Section was derived from Jabber, section 4e.
Remarks
on section 14:
Section was taken from SISSL, section 10.0.
Remarks
on section 15:
Section was taken from Jabber public license, section 9a and combined
with IBM public license, section 7, third paragraph. Last sentence added
to close a potential loophole.
Remarks
on section 16:
Section was taken from Jabber public license, section 9b and combined
with IBM public license, section 7, second paragraph. Some rephrasing was
applied in an attempt to make this section more readable to non-lawyer
types. Largely unsuccessful, I'm afraid. Last sentence closes same
potential loophole as in section 15.
Remarks
on section 17:
Uppercase section was taken from Jabber public license, section 8 with
addition of some terms from other public licenses. Mixed case section was
taken from IBMPL, mixed case section of section 5.
Remarks
on section 18:
Uppercase section was taken from Jabber public license, sections 10 and
11 with addition of some terms from other public licenses. Limitation to
USD 50 was based upon Ricoh Source Code Public License, section 9.
Mixed case section was based on Jabber, section 11, with specific risks
taken from Apple Public Source License Version 1.2, section 8 and Ricoh
Source Code Public License, section 9.
Remarks
on section 18.1:
Since section 8.5 covers liability-related issues as well this
section was added for clarity, with a pointer to the real text
in section 8.5.
Remarks
on exhibit A:
The Exhibit was based on the Nokia Open Source License and others.
See below for the version that will accompany Bixoft's eXtended Assembly
language. In macro's comment lines start with the characters ".*" as you
may see in the Copyright Notice below.
.**********************************************************************
.*
.* Copyright Notice.
.*
.* Licensed material - Property of B.V. Bixoft.
.*
.* This source file is part of Bixoft's eXtended Assembly language, or
.* the BXA library. (C) Copyright B.V. Bixoft, the Netherlands,
.* 1999-2002. All rights reserved. Modifications (C) copyrighted by
.* their respective contributors, all rights reserved.
.*
.* The contents of this file are subject to the Bixoft Public License
.* Version 0.N (the "License"); you may not use this file in any way
.* except in compliance with the License. You should have received a
.* copy of the License with this source; see member $LICENSE. You may
.* also obtain a copy of the License at
.* http://www.bixoft.nl/english/license.htm
.*
.* ANY USE OF THE SOFTWARE CONSTITUTES ACCEPTANCE OF THE LICENSE.
.*
.* Anything distributed under the License is distributed on an "AS IS"
.* basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
.* the License for the specific language governing rights and
.* limitations under the License.
.*
.* Entitlement to Source Code of Modifications and/or Derivatives
.* (see section 12.5 of the License for details) is <not> waived.
.*
.* Definitions required by the License:
.* Copyright Holder: B.V. Bixoft, the Netherlands
.* e-mail: bixoft@bixoft.nl
.* Country: the Netherlands, i.e. the laws of the Netherlands apply.
.* State : not applicable
.* Court : any Dutch court with appropriate jurisdiction, i.e. the
.* court of appropriate jurisdiction will settle any disputes.
.* Programming Tool status: This source is a Programming Tool.
.*
.* Contributor(s): Contribution:
.* B.V. Bixoft, bixoft@bixoft.nl Original version
.* ..... .....
.*
.**********************************************************************
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