This license (JPython) acceptable ?
I wonder if this license is DFSG compliant, and if not, what exactly
contradicts the DFSG. The license is from JPython, an implementation of
the Python language written in Java and using Java bytecode instead of
Python bytecode.
The license seems to grant you the right to use JPython in any field of
endeavor without any fee, and it seems to allow you modification of the
source and distribution of modified source (although it isn't explicit
here). The unusual clause is that your have to inform CNRI of any public
service you implement using JPython and of any work derived from JPython
that you're publishing. I don't know how this stands by the DFSG.
JPython (Version 1.0.x)
CNRI LICENSE AGREEMENT
_________________________________________________________________
1. The Corporation for National Research Initiatives ("CNRI"), a
District of Columbia corporation having a place of business at 1895
Preston White Drive, Reston, VA 20191, desiring to encourage the wide
dissemination of the following computer program and documentation
("Software"), provides Licensee identified below ("Licensee") with the
Software in binary and source code form, subject to the terms and
conditions of this Agreement:
* JPython, Version 1.0.x, where x is any integer
2. CNRI owns the Software and copyrights therein. Except as otherwise
provided in paragraph 8 below, CNRI hereby grants Licensee a
non-exclusive, non-transferable, royalty-free, worldwide license to
reproduce, analyze, test, perform and/or display publicly, distribute,
prepare derivative works and otherwise use the Software, provided,
however, that CNRI's License Agreement, and CNRI's notice of
copyright, i.e., "Copyright (c) 1998 Corporation for National Research
Initiatives; All Rights Reserved," are both retained in the Software
alone or in any derivative version prepared by Licensee.
Alternatively, in lieu of CNRI's License Agreement, Licensee may
substitute the following text, provided, however, that such text is
displayed prominently in the Software alone or in any derivative
version prepared by Licensee:
JPython (Version 1.0.x) is made available subject to the terms and
conditions in CNRI's License Agreement. This Agreement may be
located on the Internet using the following unique, persistent
identifier in URN format: hdl:1895.22/1002. The Handle System can
be used to resolve this identifier to access the CNRI License
Agreement on the Internet. For information about using the Handle
System see the documentation at http://www.handle.net
3. In the event Licensee, at its sole cost and expense, uses the
Software to prepare a derivative work that is based on or incorporates
the Software or any part thereof, and wants to make the derivative
work available to the public for commercial or noncommercial purposes,
or uses the software in this derivative form to provide a service to
the public, then Licensee hereby agrees: (i) to indicate in any such
work, in a prominently visible way, the specific modifications made to
CNRI's Software; (ii) not to introduce deliberately any modifications
where there is reason to believe they will be harmful to other users
and their systems; and (iii) to notify CNRI of any release to the
public of Licensee's derivative version, or any service offered to the
public by Licensee based thereon.
4. Licensee agrees to assume full responsibility for the sale and
other use of the Software in Licensee's derivative version, and
Licensee expressly agrees to indemnify and hold harmless CNRI, its
officers, employees and agents, from and against any and all claims,
lawsuits and causes of action (including reasonable attorneys' fees
and related costs) by third parties, including but not limited to
personal injury, property damage, or damage or loss due to
infringement of any other rights which result to such third parties,
directly or indirectly, from Licensee's sale or use of the Software or
Licensee's derivative versions.
5. Licensee agrees to share with CNRI any bug fixes, patches, ports to
other platforms, minor corrections and the like made by Licensee to
the Software. Licensee hereby agrees and acknowledges that any such
changes shall be deemed free of any claims under copyright, patent or
other rights or interests and that CNRI may reproduce, disseminate and
otherwise use the changes as part of the Software at no cost to CNRI
or its licensed users, and to authorize others to do so. CNRI may, at
its sole discretion, decide whether or not to incorporate any such
changes in the Software.
6. In the installation, running or other permitted use of the Software
provided to Licensee under this Agreement, CNRI has no objection if
Licensee makes use of computer programs owned by others, provided,
however, that such use has been licensed and Licensee complies with
the terms and conditions of any license agreements accompanying such
programs. Licensee hereby acknowledges that CNRI shall not be deemed a
party to or otherwise subject to any obligations of Licensee to third
parties. CNRI does not represent that the Software will operate in an
uninterrupted manner or in combination with other computer programs.
7. Licensee may not use CNRI's trademarks or trade name, including
JPython or CNRI, in a
trademark sense to endorse or promote products or services of
Licensee, or any third party. Licensee may use the mark JPython in
connection with Licensee's derivative versions that are
based on or incorporate the Software, but only in the form
"JPython-based_____________,"
or equivalent.
8. The Software contains OROMatcher regular expression software from
ORO, Inc. Copyright 1997 by ORO, Inc. ("ORO software"). OROMatcher
(TM) is a trademark of Original Reusable Objects, Inc. Except as
permitted by applicable law and this Agreement, Licensee may not
decompile, reverse engineer, disassemble, or modify the ORO software
provided herein. Licensee acknowledges that redistribution of the ORO
software separate from JPython or direct use of the ORO software
interfaces requires a separate license from ORO, Inc.
http://www.oroinc.com/
9. CNRI is making the Software available to Licensee on an "AS IS"
basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
10. TO THE EXTENT PERMITTED BY LAW, CNRI SHALL NOT BE LIABLE TO
LICENSEE OR OTHER USERS OF THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING, MODIFYING OR
DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED
OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY SO THE ABOVE DISCLAIMER MAY NOT APPLY TO
LICENSEE.
11. This Agreement may be terminated by CNRI: (i) immediately upon
written notice from CNRI of any material breach by the Licensee, if
the nature of the breach is such that it cannot be promptly remedied;
or (ii) sixty (60) days following notice from CNRI to Licensee of a
material remediable breach, if Licensee has not remedied such breach
within that sixty-day period.
12. Licensee hereby agrees that any dispute arising out of or in
connection with the construction, validity, interpretation,
performance, enforcement, operation, breach or termination of this
Agreement shall be settled promptly by negotiation between the
Parties. If the dispute is not settled by negotiation, the dispute
shall be submitted to arbitration in accordance with the rules then in
effect of the American Arbitration Association. This Agreement
constitutes the entire agreement between the Parties with respect to
the subject matter hereof.
13. Nothing in this Agreement shall be deemed to create any
relationship of agency, partnership, or joint venture between the
Parties. This Agreement shall be governed by and interpreted in
accordance with the laws of the Commonwealth of Virginia. In the event
any part of this Agreement is declared invalid or otherwise
unenforceable by a court of competent jurisdiction, the remaining
provisions shall remain in force.
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