License for the Torque Resource Manager (RFC)
I would appreciate your comments and advice about the license for the
Torque Resource Manager.
Some background information that i've found:
Torque is a product derived from the OpenPBS source. OpenPBS is a well
known software package that is commonly used on HPC clusters, originally
developed for NASA, and now it is commercially supported and maintained
by Altair Engineering (http://www.pbspro.com/ and http://www.openpbs.org/).
The source code for OpenPBS is available, but the current license is
not free (http://www.openpbs.org/license.html). This is almost the same
license that the one used in Torque, with a only a small but important
change; the license for Torque has this additional phrase:
"After December 31, 2001, only conditions 3-6 must be met"
I think that Torque was derived from a previous release of OpenPBS that
contained such clause, and was removed on subsequent releases of
OpenPBS. The rest of the license looks identical, including the title
and version: "OpenPBS (Portable Batch System) v2.3 Software License
Agreement".
Torque can be downloaded from here:
http://www.supercluster.org/downloads/
This is the license:
|
| 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.
AFAIK:
- Has the BSD advertising clause -> GPL incompatible.
- Source must be provided (like the GPL).
- The expiration clause is dated in the past, so i think that sections 1
and 2 can't be enforced anymore. If we ignore those clauses, there is little
information about redistribution remaining in the text, but i think that
the permissive notice in the header is sufficient.
- Looks like it is DFSG-free (please, confirm).
Comments, aditional information are welcome, including concerns about the
license. I want to be sure that the license is acceptable.
--
Roberto Gordo Saez - Free Software Engineer
Linalco "Especialistas en Linux y Software Libre"
http://www.linalco.com/ Tel: +34-914561700
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