Open Card Consortium Source License - DFSG free?
I'm thinking about packaging the Java-based Open Card Framework
for use in accessing "smart cards". It's freely available from
www.opencard.org. I'm using it with a Java-based iButton
(www.ibutton.org). The license is enclosed below, unchanged
except for formatting to fit within standard email margins.
Does anyone see a reason why it is not DFSG-free? The paragraph
that bothers me the most is the one at the end of clause 3:
Each Contributor agrees to provide condensed summaries of its
Contributions to OCC periodically, from time to time on a
schedule decided solely by Contributor, either with or
without copies of the Program as modified by such
Contributions.
I know that we've rejected mandatory notification clauses before,
but this one seems particularly flexible given that the schedule
is "decided solely by Contributor", and I'm not sure whether it
would still be a problem. Comments?
Thanks,
Ben.
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OPEN CARD CONSORTIUM SOURCE LICENSE
Version 1.0
8/10/1999
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS OPEN
CARD CONSORTIUM SOURCE LICENSE ("AGREEMENT"). ANY DOWNLOADING,
USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES
RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of Open Card Consortium ("OCC"), the Original
Program, and
b) in the case of each Contributor,
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from
and are distributed by that particular Contributor. A
Contribution 'originates' from a Contributor if the program
changes or additions that make up the Contribution were made by
that Contributor itself or by anyone acting on such Contributor's
behalf. Contributions do not include additions to the Program
which: (i) are separate modules of software distributed
separately or in conjunction with the Program under their own
license agreement or no license agreement, and (ii) are not
derivative works of the Program. Changes referred to in this
paragraph may be deletions and/or other alterations.
"Contributor" means OCC and any other entity that distributes the
Program. If a Recipient distributes the Program, the Recipient
becomes also a Contributor, with respect to other Recipients.
"Distribute" means to furnish, make available, or otherwise
provide to another person or entity outside of the Recipient's
own organization. This definition does not include mere use or
demonstration of the functioning software. This definition does
not include provision of the Program's object code or
documentation if the object code or documentation so provided is
obviously marked, on its face or cover, to reflect the copyright
notices indicated in Section 3, or if in so providing the object
code and documentation, the Recipient clearly indicates that they
are subject to copyright protection but may be licensed from the
Open Card Consortium or its licensees.
"Licensed Patents " means patent claims licensable by a
Contributor which are necessarily infringed by the use or sale of
its Contribution alone or when combined with the Program.
"Original Program" means the original version of the software
accompanying this Agreement as released by OCC, including source
code and/.or object code and including documentation, if any.
The Original Program as current at any given time may be
available for licensing from the Open Card Consortium at
www.opencard.org under this Agreement or a successor to this
Agreement.
"Program" means the Original Program, with any Contributions, as
supplied by a Contributor to Recipient under this Agreement.
Therefore, depending on the software and documentation actually
received by Recipient, the Program may be (a) only the Original
Program, or (b) the Original Program, accompanied by and/or
modified by Contributions.
"Recipient" means anyone who receives the Program under this Agreement.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor
hereby grants Recipient a non-exclusive, worldwide, royalty-
free copyright license to reproduce, prepare derivative
works of, publicly display, publicly perform, distribute and
sublicense the Contribution of such Contributor, if any, and
such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor
hereby grants Recipient a non-exclusive, worldwide, royalty-
free patent license under Licensed Patents to make, use,
sell, offer to sell, import and otherwise transfer the
Contribution of such Contributor, if any, in source code and
object code form. This patent license shall apply to the
combination of the Contribution and the Program if, at the
time the Contribution is added by the Contributor, such
addition of the Contribution causes such combination to be
covered by the Licensed Patents. This patent license shall
not apply to any other combinations or hardware.
c) Recipient understands and agrees that although each
Contributor grants the licenses to its Contributions set
forth herein, no assurances are provided by any Contributor
that the Program does not infringe the patent or other
intellectual property rights of any other entity. Each
Contributor disclaims any liability to Recipient 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 hereunder,
each Recipient hereby assumes sole responsibility to secure
any other intellectual property rights needed, if any. For
example, if a third party patent license is required to
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responsibility to acquire that license before distributing
the Program.
d) Without changing the effect of Section 2(c), each
Contributor represents that to its knowledge it has
sufficient copyright rights in its Contribution, if any, to
grant the copyright license set forth in this Agreement.
3. REQUIREMENTS A Contributor may choose to distribute the
Program in object code form under its own license agreement,
provided that:
a) the Contributor complies with the terms and conditions of
this Agreement; and
b) the Contributor's license agreement:
i) effectively disclaims on behalf of all Contributors all
warranties and conditions, express and implied,
including warranties or conditions of title and
non-infringement, and implied warranties or conditions
of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all
liability for damages, including direct, indirect,
special, incidental and consequential damages, such as
lost profits;
iii) states that any provisions which differ from this
Agreement are offered by that Contributor alone and not
by any other party; and
iv) states that source code for the Program is available from
such Contributor under this Agreement, and informs
licensees how to obtain it in a reasonable manner on or
through a medium customarily used for software exchange.
When a Contributor distributes the Program in source code form:
a) the Contributor must distribute it under this Agreement; and
b)the Contributor must include a copy of this Agreement with
each copy of the Program.
Each Contributor must include the following in a conspicuous
location in the Program:
Copyright (C) {year(s) here}, Open Card Consortium and others. All
Rights Reserved. (Contributor should list here the years shown on
the version received by the Contributor, as well as the year(s)
of Contributor's Contributions),
In addition, each Contributor must identify itself as the
originator of its Contribution, if any, in a manner that
reasonably allows subsequent Recipients to identify the
Contribution and the originator of the Contribution.
Each Contributor agrees to provide condensed summaries of its
Contributions to OCC periodically, from time to time on a
schedule decided solely by Contributor, either with or without
copies of the Program as modified by such Contributions.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain
responsibilities with respect to end users, business partners and
the like. While this license is intended to facilitate the
commercial use of the Program, the Contributor who includes the
Program in a commercial product offering must do so in a manner
which does not create potential liability for other Contributors.
Therefore, if a Contributor includes the Program in a commercial
product offering, such Contributor ("Commercial Contributor")
hereby agrees to defend and indemnify every other Contributor
("Indemnified Contributor") against any losses, damages and costs
(collectively "Losses") arising from claims, lawsuits and other
legal actions brought by a third party against the Indemnified
Contributor to the extent caused by the acts or omissions of such
Commercial Contributor in connection with its distribution of the
Program in a commercial product offering. The obligations in
this section do not apply to any claims or Losses relating to any
actual or alleged intellectual property infringement, except to
the extent that the actual or alleged infringement arises from
the Contribution(s) of the Commercial Contributor. In order to
qualify, an Indemnified Contributor must: a) promptly notify the
Commercial Contributor in writing of such claim, and b) allow the
Commercial Contributor to control, and cooperate with the
Commercial Contributor in, the defense and any related settlement
negotiations. The Indemnified Contributor may participate in any
such claim at its own expense.
For example, a Contributor might include the Program in a
commercial product offering, Product X. That Contributor is then
a Commercial Contributor. If that Commercial Contributor then
makes performance claims, or offers warranties related to Product
X, those performance claims and warranties are such Commercial
Contributor's responsibility alone. Under this section, the
Commercial Contributor would have to defend claims against the
other Contributors related to those performance claims and
warranties, and if a court requires any other Contributor to pay
any damages as a result, the Commercial Contributor must pay
those damages.
Contributor may only state that the Program it distributes is
compatible with the Open Card Framework if Contributor specifies
the version of the Program with which compatibility is claimed
and if such Program has passed the then-current, unmodified OCC
compatibility tests for that version of the Open Card Framework
available from OCC. OCC may at any time, but is never required
to, audit the Program for compatibility. If OCC determines that
the Program does not pass the applicable unmodified OCC
compatibility tests, OCC may require the Contributor to cease
claiming compatibility for that version. Contributor must comply
promptly and will exert commercially reasonable efforts to notify
its licensees that the Program as provided to them under a claim
of compatibility is actually not compatible. Failure to comply
promptly will be a breach of this Agreement under Section 7
below. Recipient understands that no trademark rights are
granted by virtue of this Agreement; any licensing of such rights
will be the subject of a separate agreement.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Each Recipient is solely responsible for determining the
appropriateness of using and distributing the Program and assumes
all risks associated with its exercise of rights under this
Agreement, 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.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER
RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF
THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable
under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this Agreement,
and without further action by the parties hereto, such provision
shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor
with respect to a patent applicable to software (including a
cross- claim or counterclaim in a lawsuit), then any patent
licenses granted by that Contributor to such Recipient under this
Agreement shall terminate as of the date such litigation is
filed. In addition, If Recipient institutes patent litigation
against any entity (including a cross-claim or counterclaim in a
lawsuit) alleging that the Program itself (excluding combinations
of the Program with other software or hardware) infringes such
Recipient's patent(s), then such Recipient's rights granted under
Section 2(b) shall terminate as of the date such litigation is
filed.
All Recipient's rights under this Agreement shall terminate if it
fails to comply with any of the material terms or conditions of
this Agreement and does not cure such failure in a reasonable
period of time after becoming aware of such noncompliance. The
reasonable period of time is never to exceed sixty (60) calendar
days. If all Recipient's rights under this Agreement terminate,
Recipient must cease using and distributing the Program as soon
as reasonably practicable. However, Recipient's obligations
under this Agreement, and any and all licenses granted by
Recipient relating to the Program, shall continue and survive.
OCC may publish new versions (including revisions) of this
Agreement from time to time. OCC may also publish new versions
of the Program from time to time, possibly including
Contributions, but OCC is never obligated to include any
particular Contribution. Each new version of the Agreement, as
well as each new version of the Program, will be given a
distinguishing version number. Each Contributor may distribute a
version of the Program,(with or without that Contributor's
Contributions), subject to the version of the Agreement under
which the Contributor properly received it, or under a newer
version of this Agreement, as the Contributor may choose.
No one other than OCC has the right to modify this Agreement.
Except as expressly stated in Sections 2(a) and 2(b) above,
Recipient receives no rights or licenses to the intellectual
property of any Contributor under this Agreement, whether
expressly, by implication, by estoppel or otherwise. All rights
in the Program not expressly granted under this Agreement are
reserved.
This Agreement is governed by the laws of the State of New York
and the intellectual property laws of the United States of
America. No party to this Agreement will bring a legal action
under this Agreement more than one year after the cause of action
arose. Each party waives its rights to a jury trial in any
resulting litigation.
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--
"Long noun chains don't automatically imply security."
--Bruce Schneier
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