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OpenPBS license revisited



Hello,

in July 2001, there was a thread about the DFSG-ness of the OpenPBS
license[1].  Clauses 1 and 2 are clearly non-free, but they expired at
the end of 2001. Most of the discussion was about clause 5, but I was
not able to get a clear consensus about this from the archive.

Could somebody please review the license again and state whether it is
DFSG-free or not? 

Further, I've heard that the copyright holder is pondering changing the
license, so I'd be interested in a minimal diff to get it DFSG-free to
present to them, in case debian-legal decrees it to be non-free (I'll
advise them to switch to a common DFSG-free, too, of course).

I'm not subscribed to this list, but I'll check the web archives. Feel
free to CC me.

This is the OpenPBS license:

---8<---
        OpenPBS (Portable Batch System) v2.3 Software License

Copyright (c) 1999-2000 Veridian Information Solutions, Inc.
All rights reserved.

---------------------------------------------------------------------------
For a license to use or redistribute the OpenPBS software under conditions
other than those described below, or to purchase support for this software,
please contact Veridian Systems, PBS Products Department ("Licensor") at:

   www.OpenPBS.org  +1 650 967-4675                  sales@OpenPBS.org
                       877 902-4PBS (US toll-free)
---------------------------------------------------------------------------

This license covers use of the OpenPBS v2.3 software (the "Software") at
your site or location, and, for certain users, redistribution of the
Software to other sites and locations.  Use and redistribution of
OpenPBS v2.3 in source and binary forms, with or without modification,
are permitted provided that all of the following conditions are met.
After December 31, 2001, only conditions 3-6 must be met:

1. Commercial and/or non-commercial use of the Software is permitted
   provided a current software registration is on file at www.OpenPBS.org.
   If use of this software contributes to a publication, product, or
   service, proper attribution must be given; see www.OpenPBS.org/credit.html

2. Redistribution in any form is only permitted for non-commercial,
   non-profit purposes.  There can be no charge for the Software or any
   software incorporating the Software.  Further, there can be no
   expectation of revenue generated as a consequence of redistributing
   the Software.

3. Any Redistribution of source code must retain the above copyright notice
   and the acknowledgment contained in paragraph 6, this list of conditions
   and the disclaimer contained in paragraph 7.

4. Any Redistribution in binary form must reproduce the above copyright
   notice and the acknowledgment contained in paragraph 6, this list of
   conditions and the disclaimer contained in paragraph 7 in the
   documentation and/or other materials provided with the distribution.

5. Redistributions in any form must be accompanied by information on how to
   obtain complete source code for the OpenPBS software and any
   modifications and/or additions to the OpenPBS software.  The source code
   must either be included in the distribution or be available for no more
   than the cost of distribution plus a nominal fee, and all modifications
   and additions to the Software must be freely redistributable by any party
   (including Licensor) without restriction.

6. All advertising materials mentioning features or use of the Software must
   display the following acknowledgment:

    "This product includes software developed by NASA Ames Research Center,
    Lawrence Livermore National Laboratory, and Veridian Information Solutions,
    Inc.  Visit www.OpenPBS.org for OpenPBS software support,
    products, and information."

7. DISCLAIMER OF WARRANTY

THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
ARE EXPRESSLY DISCLAIMED.

IN NO EVENT SHALL VERIDIAN CORPORATION, ITS AFFILIATED COMPANIES, OR THE
U.S. GOVERNMENT OR ANY OF ITS AGENCIES BE LIABLE FOR ANY DIRECT OR INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This license will be governed by the laws of the Commonwealth of Virginia,
without reference to its choice of law rules.
---8<---


Thanks,

Michael

[1] http://lists.debian.org/debian-legal/2001/debian-legal-200107/msg00035.html
-- 
Michael Banck
Debian Developer
mbanck@debian.org
http://www.advogato.org/person/mbanck/diary.html



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