YAL (Yet another license)
The quick glance I gave this didn't seem to uncover any problems, but
since it is long and convoluted I figured I'd post it here to get some
more eyes on it.
OpenXML Public License (Draft)
1. Definitions.
1.1. ``Contributor'' means each entity that creates or
contributes to the creation of Modifications.
1.2. ``Contributor Version'' means the combination of the
Original Code, prior Modifications used by a Contributor, and the
Modifications made by that particular Contributor.
1.3. ``Covered Code'' means the Original Code or Modifications or
the combination of the Original Code and Modifications, in each
case including portions thereof.
1.4. ``Electronic Distribution Mechanism'' means a mechanism
generally accepted in the software development community for the
electronic transfer of data.
1.5. ``Executable'' means Covered Code in any form other than
Source Code.
1.6. ``Initial Developer'' means the individual or entity
identified as the Initial Developer in the Source Code notice
required by Exhibit A.
1.7. ``Larger Work'' means a work which combines Covered Code or
portions thereof with code not governed by the terms of this
License.
1.8. ``License'' means this document.
1.9. ``Modifications'' means any addition to or deletion from the
substance or structure of either the Original Code or any
previous Modifications. When Covered Code is released as a series
of files, a Modification is:
A. Any addition to or deletion from the contents of a
file containing Original Code or previous
Modifications.
B. Any new file that contains any part of the Original
Code or previous Modifications.
1.10. ``Original Code'' means Source Code of computer software
code which is described in the Source Code notice required by
Exhibit A as Original Code, and which, at the time of its release
under this License is not already Covered Code governed by this
License.
1.11. ``Source Code'' means the preferred form of the Covered
Code for making modifications to it, including all modules it
contains, plus any associated interface definition files, scripts
used to control compilation and installation of an Executable, or
a list of source code differential comparisons against either the
Original Code or another well known, available Covered Code of
the Contributor's choice. The Source Code can be in a compressed
or archival form, provided the appropriate decompression or
de-archiving software is widely available for no charge.
1.12. ``You'' means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this
License or a future version of this License issued under Section
6.1. For legal entities, ``You'' includes any entity which
controls, is controlled by, or is under common control with You.
For purposes of this definition, ``control'' means (a) the power,
direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership of
fifty percent (50%) or more of the outstanding shares or
beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide,
royalty-free, non-exclusive license, subject to third party
intellectual property claims:
(a) to use, reproduce, modify, display, perform,
sublicense and distribute the Original Code (or
portions thereof) with or without Modifications, or as
part of a Larger Work; and
(b) under patents now or hereafter owned or controlled
by Initial Developer, to make, have made, use and sell
(``Utilize'') the Original Code (or portions thereof),
but solely to the extent that any such patent is
reasonably necessary to enable You to Utilize the
Original Code (or portions thereof) and not to any
greater extent that may be necessary to Utilize further
Modifications or combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual
property claims:
(a) to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by
such Contributor (or portions thereof) either on an
unmodified basis, with other Modifications, as Covered
Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled
by Contributor, to Utilize the Contributor Version (or
portions thereof), but solely to the extent that any
such patent is reasonably necessary to enable You to
Utilize the Contributor Version (or portions thereof),
and not to any greater extent that may be necessary to
Utilize further Modifications or combinations.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without
limitation Section 2.2. The Source Code version of Covered Code
may be distributed only under the terms of this License or a
future version of this License released under Section 6.1, and
You must include a copy of this License with every copy of the
Source Code You distribute. You may not offer or impose any terms
on any Source Code version that alters or restricts the
applicable version of this License or the recipients' rights
hereunder. However, You may include an additional document
offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must
be made available in Source Code form under the terms of this
License either on the same media as an Executable version or via
an accepted Electronic Distribution Mechanism to anyone to whom
you made an Executable version available; and if made available
via Electronic Distribution Mechanism, must remain available for
at least twelve (12) months after the date it initially became
available, or at least six (6) months after a subsequent version
of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code
version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to
contain a file documenting the changes You made to create that
Covered Code and the date of any change. You must include a
prominent statement that the Modification is derived, directly or
indirectly, from Original Code provided by the Initial Developer
and including the name of the Initial Developer in (a) the Source
Code, and (b) in any notice in an Executable version or related
documentation in which You describe the origin or ownership of
the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims. If You have knowledge that a
party claims an intellectual property right in
particular functionality or code (or its utilization
under this License), you must include a text file with
the source code distribution titled ``LEGAL'' which
describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to
contact. If you obtain such knowledge after You make
Your Modification available as described in Section
3.2, You shall promptly modify the LEGAL file in all
copies You make available thereafter and shall take
other steps (such as notifying appropriate mailing
lists or newsgroups) reasonably calculated to inform
those who received the Covered Code that new knowledge
has been obtained.
(b) Contributor APIs. If Your Modification is an
application programming interface and You own or
control patents which are reasonably necessary to
implement that API, you must also include this
information in the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the
Source Code, and this License in any documentation for the Source
Code, where You describe recipients' rights relating to Covered
Code. If You created one or more Modification(s), You may add
your name as a Contributor to the notice described in Exhibit A.
If it is not possible to put such notice in a particular Source
Code file due to its structure, then you must include such notice
in a location (such as a relevant directory file) where a user
would be likely to look for such a notice. You may choose to
offer, and to charge a fee for, warranty, support, indemnity or
liability obligations to one or more recipients of Covered Code.
However, You may do so only on Your own behalf, and not on behalf
of the Initial Developer or any Contributor. You must make it
absolutely clear than any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby
agree to indemnify the Initial Developer and every Contributor
for any liability incurred by the Initial Developer or such
Contributor as a result of warranty, support, indemnity or
liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered
Code, and if You include a notice stating that the Source Code
version of the Covered Code is available under the terms of this
License, including a description of how and where You have
fulfilled the obligations of Section 3.2. The notice must be
conspicuously included in any notice in an Executable version,
related documentation or collateral in which You describe
recipients' rights relating to the Covered Code. You may
distribute the Executable version of Covered Code under a license
of Your choice, which may contain terms different from this
License, provided that You are in compliance with the terms of
this License and that the license for the Executable version does
not attempt to limit or alter the recipient's rights in the
Source Code version from the rights set forth in this License. If
You distribute the Executable version under a different license
You must make it absolutely clear that any terms which differ
from this License are offered by You alone, not by the Initial
Developer or any Contributor. You hereby agree to indemnify the
Initial Developer and every Contributor for any liability
incurred by the Initial Developer or such Contributor as a result
of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other
code not governed by the terms of this License and distribute the
Larger Work as a single product. In such a case, You must make
sure the requirements of this License are fulfilled for the
Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of
this License with respect to some or all of the Covered Code due
to statute or regulation then You must: (a) comply with the terms
of this License to the maximum extent possible; and (b) describe
the limitations and the code they affect. Such description must
be included in the LEGAL file described in Section 3.4 and must
be included with all distributions of the Source Code. Except to
the extent prohibited by statute or regulation, such description
must be sufficiently detailed for a recipient of ordinary skill
to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A, and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
The Initial Developer may publish revised and/or new versions of
the License from time to time. Each version will be given a
distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version
of the License, You may always continue to use it under the terms
of that version. You may also choose to use such Covered Code
under the terms of any subsequent version of the License
published by the Initial Developer. No one other than the Initial
Developer has the right to modify the terms applicable to Covered
Code created under this License.
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS''
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE
IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE
DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to
cure such breach within 30 days of becoming aware of the breach.
All sublicenses to the Covered Code which are properly granted
shall survive any termination of this License. Provisions which,
by their nature, must remain in effect beyond the termination of
this License shall survive.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, 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 GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ``commercial item,'' as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
``commercial computer software'' and ``commercial computer
software documentation,'' as such terms are used in 48 C.F.R.
12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire Covered Code with only those rights
set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. This License shall be
governed by Massachusetts law provisions (except to the extent
applicable law, if any, provides otherwise), excluding its
conflict-of-law provisions. The application of the United Nations
Convention on Contracts for the International Sale of Goods is
expressly excluded. Any law or regulation which provides that the
language of a contract shall be construed against the drafter
shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply
with Section 3.4, You are responsible for damages arising,
directly or indirectly, out of Your utilization of rights under
this License, based on the number of copies of Covered Code you
made available, the revenues you received from utilizing such
rights, and other relevant factors. You agree to work with
affected parties to distribute responsibility on an equitable
basis.
EXHIBIT A.
"The contents of this file are subject to the OpenXML Public
License Version 1.0; you may not use this file except in
compliance with the License. You may obtain a copy of the License
at http://www.openxml.org/license/
THIS SOFTWARE AND DOCUMENTATION IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED,
INCLUDING AND WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE
AND DOCUMENTATION IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING. SEE THE LICENSE FOR THE
SPECIFIC LANGUAGE GOVERNING RIGHTS AND LIMITATIONS UNDER THE
LICENSE.
The Initial Developer of this code under the License is
________________. Portions created by ______________ are
Copyright (C) ______ ___________________. All Rights Reserved
Contributor(s): ______________________________________.''
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