Re: Bug#259236: ITP: musicxml -- XML DTD and stylesheets for MusicXML
On Wed, Jul 14, 2004 at 10:31:06AM +0200, Roland Stigge wrote:
> On Wed, 2004-07-14 at 10:11, Branden Robinson wrote:
> > > * Package name : musicxml
> > > * URL : http://musicxml.org/dtds/
> > > * License : MusicXML Document Type Definition Public License 1.02
> >
> > This license is unfamiliar to me (which may be more my problem than its :)
> > ). It might be unfamiliar to the archive administrators as well.
> >
> > Would you mind sending a copy to debian-legal for analysis?
>
> Feel free to just read it :)
>
> http://musicxml.org/dtds/license.html
Good practice on this list is to include the actual license text (inline
or as an attachment). That makes it clear in the archives which license
text is under discussion (webpages and licenses change), and makes it
easier to quote.
*** MusicXML Document Type Definition Public License Version 1.02
This MusicXML work (including software, documents, or other related
items) is being provided by the copyright holder under the following
license. By obtaining, using and/or copying this work, each contributor
and recipient (hereinafter, collectively known as "Licensee") agree that
he/she has read, understood, and will comply with the following terms
and conditions:
A. DEFINITIONS
"Copyright Holder" means Recordare LLC.
"Contribution" means:
1. in the case of Recordare LLC, the Original Program, and
2. in the case of each Contributor,
changes to the Program, and
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 it was added to the Program by such
Contributor itself or anyone acting on such Contributor's behalf.
Contributions do not include additions to the Program which: (i) are
separate modules of software distributed in conjunction with the Program
under their own license agreement, and (ii) are not derivative works of
the Program.
"Contributor" means Recordare LLC and any other entity that distributes
the Program.
"Original Program" means the original version of the software
accompanying this Agreement as released by Recordare LLC, including
source code, object code and documentation, if any.
"Program" means the Original Program and Contributions.
"Recipient" means anyone who receives the Program under this Agreement,
including all Contributors.
B. GRANT OF RIGHTS
Permission to use, copy, modify, and distribute this software and its
documentation, with or without modification, for any purpose and without
fee or royalty is hereby granted, provided that each Recipient include
the following on ALL copies of the software and documentation or
portions thereof, including modifications, that he/she make:
1. The full text of this License in a location viewable to users of the
redistributed or derivative work.
2. Any pre-existing intellectual property disclaimers, notices, or terms
and conditions. If none exist, a short notice of the following form
(hypertext is preferred, text is permitted) should be used within the
body of any redistributed or derivative code: "© Recordare LLC. All
rights reserved. http://www.recordare.com";
3. Notice of any changes or modifications to the MusicXML files, including
the date changes were made. (We recommend you provide URLs to the
location from which the code is derived.)
In addition, creators of derivative works must include the full text of
this License in a location viewable to users of the derivative work. The
name and trademarks of Copyright Holder may NOT be used in advertising
or publicity pertaining to the software without specific, written prior
permission. Title to copyright in this software and any associated
documentation will at all times remain with copyright holder.
C. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
ON AN "AS IS" BASIS, AND COPYRIGHT HOLDER MAKES NO 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.
D. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER COPYRIGHT
HOLDER 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.
E. 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.
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. If all Recipient's rights under
this Agreement terminate, Recipient agrees to cease use and distribution
of the Program as soon as reasonably practicable. However, Recipient's
obligations under this Agreement and any licenses granted by Recipient
relating to the Program shall continue and survive.
Recordare LLC may publish new versions (including revisions) of this
Agreement from time to time. Each new version of the Agreement will be
given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of the
Agreement under which it was received. In addition, after a new version
of the Agreement is published, Contributor may elect to distribute the
Program (including its Contributions) under the new version. No one
other than Recordare LLC has the right to modify this Agreement. Except
as expressly stated in Section B above, Recipient receives no rights or
licenses to the intellectual property of any Contributor under this
Agreement, whether expressly, by implication, 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 California and
the intellectual property laws of the United States of America.
***
Nothing stands out. (It's interesting that it gives "permission to
modify this software, with or without modification", though. :)
The definition of "copyright holder" as "Recordare LLC" is strange: if
I've modified the work, then I may be a partial copyright holder, too.
I'm not sure that it's a problem, though.
--
Glenn Maynard
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