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license FWD: Re: mxmap for debian



mxmap is a debian package currently, but it was packaged under a provisional
license. It's definitly non-free. I noticed version 1.0 was available, and
it's license had some problems that would prevent us from distributing the
program. I've attached the license to this message, and would appreciate
advise on exacty what we should ask them for. I think asking for DFSG is
out, they don't provide source code anyway, I'm just interested in the
minimal changes that can get it into non-free.

The problems I saw with the attached license were the clauses,

 All software components available for free download from
 the www.mayko.com web site may be freely distributed,
 provided that all files are included in their entirety, 
                             ^^^^^^^^^^^^^^^^^^^^^^^^^^ 
(I don't really want to include INSTALL or notes for running the program
on Irix in the .deb).

 and are not altered in any way.
         ^^^^^^^^^^^^^^^^^^^^^^ 
 (prevents modification of scripts to make it fsstnd complient, prevents 
 stripping).

 You may not modify, decompile, adapt, translate, rent,
 lease, loan, resell for profit, or create derivative works
                                ^^^^^^^^^^^^^^^^^^^^^^^^^^ 
(which I suppose a .deb file is.)

 based upon the Software or any part thereof.

I suppose an addendum to the license such as this might cover it: 

"Linux distributions may repackage some or all of the software into other
archive formats, modify files in the package, and add new files to the
package."

----- Forwarded message from Remco Treffkorn <remco@rvt.com> -----

Date: Fri, 18 Sep 1998 09:15:15 -0700
From: Remco Treffkorn <remco@rvt.com>
Organization: EMC
X-Mailer: Mozilla 4.06 [en] (X11; I; Linux 2.1.109 i686)
To: Joey Hess <joey@kitenet.net>
CC: Matthias Kattanek <mattes@ugraf.com>, Jim Davison <jimd@ugraf.com>,
        Tom Hallinan <tom@ugraf.com>
Subject: Re: mxmap for debian

Hi Joey!

Joey Hess wrote:
> 
> Can debian get some sort of special dispensation to make these sort of
> changes, or should I have the package be pulled from our distribution?
> 
> --
> see shy jo


This "License" is a first iteration at best. We want to retain clean
copyright and to do this certain things have to be said. We clearly
do NOT want to restrict any ditributor from including mxmap.

You can have any special dispensation you need. Just come up with
the particular wording and you can have it in writing, or we can
amend our License file accordingly.

Cheers,
Remco


-- 
Remco Treffkorn (RT445)
HAM DC2XT
remco@rvt.com   (408) 685-1201
remco@ugraf.com (408) 461-6061
remco@mayko.com (408) 461-0500

----- End forwarded message -----
-- 
see shy jo
Mayr & Kockelhoff Inc.
END USER LICENSE AGREEMENT
for Mayko mXmap

NOTICE TO USER:
THIS IS A CONTRACT.  BY INSTALLING THIS SOFTWARE YOU ACCEPT 
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
 
Thank you for using Mayko mXmap, by Mayr and Kockelhoff, Inc. 
("Mayko"). There are two distributions of Mayko mXmap.  Both 
include the same fully functional Mayko mXmap program.  
The Personal Edition is available for free personal use in a 
non-commercial or non-business environment.  It consists of 
the Mayko mXmap mapping application, as well as a sample 
collection of maps.  
The Business Edition contains the same downloadable components
as the Personal Edition, and may also include additional maps.
For more information about the contents and features of the 
respective products, please refer to the Mayko web site, 
www.mayko.com.

This License grants you a non-exclusive license to use the
Mayko Software and related documentation ("Software") on the
following terms and conditions:

1. Rights Granted
a) Personal Edition
 Mayko grants to an individual end-user a license to use the
accompanying Software for personal (non-commercial or
non-business) use.  There is no fee or registration
requirement for such authorized usage.
b) Business Edition
 Mayko grants to commercial or business users, a temporary 
license to use the accompanying Software for a free thirty (30) 
day evaluation period.  Further use of the product requires that
a License be purchased.  Each copy in use requires a
separate License.  Purchase of a License authorizes continued 
use of the product, and may also include additional maps.

2. Distribution Requirements
 All software components available for free download from
the www.mayko.com web site may be freely distributed,
provided that all files are included in their entirety, 
and are not altered in any way.

3. Rights Retained
Please keep in mind that even though personal use of Mayko
mXmap is free, it is not public domain software.  Mayko mXmap
is copyrighted software.  A  copyrighted program is one
where the author has asserted his or her legal right to
control the program's use and distribution by placing the
legally required copyright notices in the program and
documentation.  The law gives copyright owners broad rights
to restrict how their work is distributed, and provides for
penalties for those who violate these restrictions.

You may not modify, decompile, adapt, translate, rent,
lease, loan, resell for profit, or create derivative works
based upon the Software or any part thereof.

The Software is copyrighted by, proprietary to and a trade
secret of Mayko. Mayko retains the title, ownership and
intellectual property rights in and to the Software and all
subsequent copies regardless of the form or media. The
Software is protected by the copyright laws of the United
States and international copyright treaties. This License is
not a sale of the Software.

4.	Disclaimer of Warranty.
 You accept all risks which may arise from the downloading
of the Software, including but not limited to errors in
transmission or corruption of existing data or software.
Mayko makes no warranties, express or implied, and
specifically disclaims any warranty of noninfringement of
third parties' rights, warranties of merchantability and of
fitness for a particular purpose. Some states do not allow
the exclusion of implied warranties or limitations of how
long an implied warranty may last, so the above exclusion
may not apply to you. You may also have other rights which
vary from state to state.

5.	Limitation of Liability
Under no circumstances and under no legal theory, tort,
contract, or otherwise, shall Mayko or its suppliers or
resellers be liable to you or any other person for any
indirect, special, incidental, or consequential damages of
any character including, without limitation, damages for
loss of profits, data, goodwill, work stoppage, computer
failure or malfunction, or any and all other commercial
damages or losses, even if Mayko shall have been advised of
the possibility of such damages.

6.	General.
You agree this is the complete agreement concerning this
License. In order to amend this License, a writing executed
by both parties is required. You assume full responsibility
for the legal and responsible use of the Software. This
License shall be governed by California law as such law
applies to agreements between California residents entered
into and to be performed within California, except as
governed by Federal law. Should any provision of this
License be declared unenforceable in any jurisdiction, then
such provision shall be deemed to be severable from this
License and shall not affect the remainder hereof. All
rights in the Software not specifically granted in this
License are reserved by Mayko.

7.	Notice of Trademarks and Copyrights
"Mayko" and "Mayko mXmap" are registered trade names and the
property of Mayr and Kockelhoff, Inc.  Any other
tradenames, trademarks, or copyrights are the property of
their respective owners.

------------------------------------------------------------------------

This program uses portions from Sam Leffles tiff lib.
The following applies:

Use and Copyright
-----------------
Silicon Graphics has seen fit to allow me to give this work away.  It
is free.  There is no support or guarantee of any sort as to its
operations, correctness, or whatever.  If you do anything useful with
all or parts of it you need to honor the copyright notices.   I would
also be interested in knowing about it and, hopefully, be acknowledged.

The legal way of saying that is:

Copyright (c) 1988-1995 Sam Leffler
Copyright (c) 1991-1995 Silicon Graphics, Inc.

Permission to use, copy, modify, distribute, and sell this software and
its documentation for any purpose is hereby granted without fee, provided
that (i) the above copyright notices and this permission notice appear in
all copies of the software and related documentation, and (ii) the names of
Sam Leffler and Silicon Graphics may not be used in any advertising or
publicity relating to the software without the specific, prior written
permission of Sam Leffler and Silicon Graphics.

THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND,
EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND,
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF THIS SOFTWARE.

------------------------------------------------------------------------

This program uses portions from zlib.
The following applies:

Copyright notice:

 (C) 1995-1996 Jean-loup Gailly and Mark Adler

  This software is provided 'as-is', without any express or implied
  warranty.  In no event will the authors be held liable for any damages
  arising from the use of this software.

  Permission is granted to anyone to use this software for any purpose,
  including commercial applications, and to alter it and redistribute it
  freely, subject to the following restrictions:

  1. The origin of this software must not be misrepresented; you must not
     claim that you wrote the original software. If you use this software
     in a product, an acknowledgment in the product documentation would be
     appreciated but is not required.
  2. Altered source versions must be plainly marked as such, and must not be
     misrepresented as being the original software.
  3. This notice may not be removed or altered from any source distribution.

  Jean-loup Gailly        Mark Adler
  gzip@prep.ai.mit.edu    madler@alumni.caltech.edu

------------------------------------------------------------------------

This program may contain portions from the Xbae widget library.
The following applies:

Copyright (c) 1991, 1992 Bell Communications Research, Inc. (Bellcore)
Copyright (c) 1995-97 Andrew Lister
All Rights Reserved.


Permission  to use, copy, modify  and distribute this material for any
purpose and  without  fee is  hereby granted,  provided that the above
copyright notices and this permission notice appear in all copies, and
that the name  of any author  not be used  in advertising or publicity
pertaining  to  this material   without  the specific,  prior  written
permission of an  authorized  representative of Bellcore  and  current
maintainer.

BELLCORE AND OTHER CONTRIBUTORS MAKE  NO REPRESENTATIONS AND EXTEND NO
WARRANTIES, EXPRESS   OR  IMPLIED, WITH  RESPECT  TO  THE INFORMATION,
INCLUDING, BUT    NOT    LIMITED  TO,  THE   IMPLIED   WARRANTIES   OF
MERCHANTABILITY  AND FITNESS FOR  ANY   PARTICULAR  PURPOSE, AND   THE
WARRANTY     AGAINST INFRINGEMENT OF    PATENTS  OR OTHER INTELLECTUAL
PROPERTY RIGHTS. THE  SOFTWARE IS PROVIDED  "AS  IS", AND IN NO  EVENT
SHALL ANY AUTHOR OR ANY OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES,
INCLUDING ANY  LOST   PROFITS OR  OTHER INCIDENTAL   OR  CONSEQUENTIAL
DAMAGES RELATING TO THE INFORMATION.

------------------------------------------------------------------------

This progam uses the outline widget:

Copyright (c) 1994 Torgeir Veimo.

Permission is hereby granted by Torgeir Veimo (the "author"), free of
charge, to any person obtaining a copy of this software and associated
documentation files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use, copy, modify,
merge, publish, distribute, sublicense, and/or sell copies of the Software,
and to permit persons to whom the Software is furnished to do so, subject to
the following conditions:

The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL THE
AUTHOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Except as contained in this notice, the name of the author shall not be used
in advertising or otherwise to promote the sale, use or other dealings in
this Software without prior written authorization from the author.

The author reserves the right to change the copyright notice on future
versions of this software at any time without notice.

------------------------------------------------------------------------

The ComboBox widget:

Copyright 1993 Interleaf, Inc.

Permission to use, copy, modify, and distribute this software
and its documentation for any purpose without fee is granted,
provided that the above copyright notice appear in all copies
and that both copyright notice and this permission notice appear
in supporting documentation, and that the name of Interleaf not
be used in advertising or publicly pertaining to distribution of
the software without specific written prior permission.

Interleaf makes no representation about the suitability of this
software for any purpose. It is provided "AS IS" without any
express or implied warranty.

------------------------------------------------------------------------

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