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Re: Glide3 license



On Fri, Nov 19, 1999 at 11:26:50PM -0500, Raul Miller wrote:
> On Fri, Nov 19, 1999 at 02:41:33PM -0800, Joseph Carter wrote:
> > The recent source release for the Voodoo3 cards includes two components
> > which are MIT licensed and one part which is under Yet Another Public
> > License(tm) which resembles the GPL and LGPL in several noticable ways.
> > It's attached for your reading pleasure--or whatever.
> 
> Nothing attached but your pgp signature. :(

Yeah, that figures, I forgot to attach it.  heh!

> > The license seems DFSG compliant to me, but there are a couple of issues
> > I'd like other opinions on.  How does the trademark issue affect us?  Do I
> > need a "Glide is a trademark of 3dfx Interactive, Inc" in the package desc
> > or do I have to rename the package or can I get an email from the right
> > person telling me that it's fine if I call it glide and tack it to the end
> > of the copyright and license info or is that getting to close to "licenses
> > specific to Debian" or what?
> 
> I've not seen the license so this is very likely wrong, but what you're
> describing sounds more analogous to a "rename if you make changes" clause
> than the old "bsd advertising" clause.

"Don't use our trademark without permission"...


License attached---for real this time!

-- 
- Joseph Carter         GnuPG public key:   1024D/DCF9DAB3, 2048g/3F9C2A43
- knghtbrd@debian.org   20F6 2261 F185 7A3E 79FC  44F9 8FF7 D7A3 DCF9 DAB3
--------------------------------------------------------------------------
<JHM> Somehow I have more respect for 14 year old Debian developers than
     14 year old Certified Microsoft Serfs.

3DFX GLIDE Source Code General Public License


1. PREAMBLE

	This license is for software that provides a 3D graphics application 
	program interface (API).The license is intended to offer terms similar
	to some standard General Public Licenses designed to foster open 
	standards and unrestricted accessibility to source code. Some of these
	licenses require that, as a condition of the license of the software, 
	any derivative works (that is, new software which is a work containing
	the original program or a portion of it) must be available for general
	use, without restriction other than for a minor transfer fee, and that
	the source code for such derivative works must likewise be made 
	available. The only restriction is that such derivative works must be
	subject to the same General Public License terms as the original work. 

	This 3dfx GLIDE Source Code General Public License differs from the
	standard licenses of this type in that it does not require the entire
	derivative work to be made available under the terms of this license
	nor is the recipient required to make available the source code for
	the entire derivative work. Rather, the license is limited to only the
	identifiable portion of the derivative work that is derived from the
	licensed software. The precise terms and conditions for copying, 
	distribution and modification follow.


2. DEFINITIONS

	2.1 This License applies to any program (or other "work") which 
	contains a notice placed by the copyright holder saying it may be 
	distributed under the terms of this 3dfx GLIDE Source Code General 
	Public License. 

	2.2 The term "Program" as used in this Agreement refers to 3DFX's 
	GLIDE source code and object code and any Derivative Work.

	2.3 "Derivative Work" means, for the purpose of the License, that 
	portion of any work that contains the Program or the identifiable 
	portion of a work that is derived from the Program, either verbatim or
	with modifications and/or translated into another language, and that 
	performs 3D graphics API operations. It does not include any other 
	portions of a work.

	2.4 "Modifications of the Program" means any work, which includes a
	Derivative Work, and includes the whole of such work.

	2.5 "License" means this 3dfx GLIDE Source Code General Public License.

	2.6 The "Source Code" for a work means the preferred form of the work
	for making modifications to it. For an executable work, complete source
	code means all the source code for all modules it contains, any
	associated interface definition files, and the scripts used to control
	compilation and installation of the executable work.

	2.7 "3dfx" means 3dfx Interactive, Inc.


3. LICENSED ACTIVITIES

	3.1 COPYING - You may copy and distribute verbatim copies of the 
	Program's Source Code as you receive it, in any medium, subject to the
	provision of section 3.3 and provided also that:

		(a) you conspicuously and appropriately publish on each copy
	an appropriate copyright notice (3dfx Interactive, Inc. 1999), a notice
	that recipients who wish to copy, distribute or modify the Program can
	only do so subject to this License, and a disclaimer of warranty as
	set forth in section 5;

		(b) keep intact all the notices that refer to this License and
	to the absence of any warranty; and
 
		(c) do not make any use of the GLIDE trademark without the prior
	written permission of 3dfx, and 

		(d) give all recipients of the Program a copy of this License
	along with the Program or instructions on how to easily receive a copy
	of this License.


	3.2 MODIFICATION OF THE PROGRAM/DERIVATIVE WORKS - You may modify your
	copy or copies of the Program or any portion of it, and copy and
	distribute such modifications subject to the provisions of section 3.3
	and provided that you also meet all of the following conditions: 

		(a) you conspicuously and appropriately publish on each copy
	of a Derivative Work an appropriate copyright notice, a notice that
	recipients who wish to copy, distribute or modify the Derivative Work
	can only do so subject to this License, and a disclaimer of warranty
	as set forth in section 5;

		(b) keep intact all the notices that refer to this License and
	to the absence of any warranty; and
 
		(c) give all recipients of the Derivative Work a copy of this
	License along with the Derivative Work or instructions on how to easily
	receive a copy of this License.

		(d) You must cause the modified files of the Derivative Work
	to carry prominent notices stating that you changed the files and the
	date of any change. 

		(e) You must cause any Derivative Work that you distribute or
	publish to be licensed at no charge to all third parties under the
	terms of this License. 

		(f) You do not make any use of the GLIDE trademark without the 
	prior written permission of 3dfx.
		
		(g) If the Derivative Work normally reads commands 
	interactively when run, you must cause it, when started running for
	such interactive use, to print or display an announcement as follows:

	"COPYRIGHT 3DFX INTERACTIVE, INC. 1999, ALL RIGHTS RESERVED THIS 
	SOFTWARE IS FREE AND PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, 
	EITHER EXPRESSED OR IMPLIED. THERE IS NO RIGHT TO USE THE GLIDE 
	TRADEMARK WITHOUT PRIOR WRITTEN PERMISSION OF 3DFX INTERACTIVE, 
	INC. SEE THE 3DFX GLIDE GENERAL PUBLIC LICENSE FOR A FULL TEXT OF THE
	DISTRIBUTION AND NON-WARRANTY PROVISIONS (REQUEST COPY FROM 
	INFO@3DFX.COM)."

		(h) The requirements of this section 3.2 do not apply to the
	modified work as a whole but only to the Derivative Work. It is not
	the intent of this License to claim rights or contest your rights to
	work written entirely by you; rather, the intent is to exercise the
	right to control the distribution of Derivative Works. 


	3.3 DISTRIBUTION 

		(a) All copies of the Program or Derivative Works which are
	distributed must include in the file headers the following language
	verbatim:

	"THIS SOFTWARE IS SUBJECT TO COPYRIGHT PROTECTION AND IS OFFERED 
	ONLY PURSUANT TO THE 3DFX GLIDE GENERAL PUBLIC LICENSE. THERE IS NO 
	RIGHT TO USE THE GLIDE TRADEMARK WITHOUT PRIOR WRITTEN PERMISSION OF 
	3DFX INTERACTIVE, INC. A COPY OF THIS LICENSE MAY BE OBTAINED FROM 
	THE DISTRIBUTOR OR BY CONTACTING 3DFX INTERACTIVE INC (info@3dfx.com). 
	THIS PROGRAM. IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
	EXPRESSED OR IMPLIED. SEE THE 3DFX GLIDE GENERAL PUBLIC LICENSE FOR A
	FULL TEXT OF THE NON-WARRANTY PROVISIONS.

	USE, DUPLICATION OR DISCLOSURE BY THE GOVERNMENT IS SUBJECT TO
	RESTRICTIONS AS SET FORTH IN SUBDIVISION (C)(1)(II) OF THE RIGHTS
	IN TECHNICAL DATA AND COMPUTER SOFTWARE CLAUSE AT DFARS 252.227-7013,
	AND/OR IN SIMILAR OR SUCCESSOR CLAUSES IN THE FAR, DOD OR NASA FAR
	SUPPLEMENT. UNPUBLISHED RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF
	THE UNITED STATES.

	COPYRIGHT 3DFX INTERACTIVE, INC. 1999, ALL RIGHTS RESERVED"

		(b) You may distribute the Program or a Derivative Work in
	object code or executable form under the terms of Sections 3.1 and 3.2
	provided that you also do one of the following: 

			(1) Accompany it with the complete corresponding
	machine-readable source code, which must be distributed under the 
	terms of Sections 3.1 and 3.2; or,
 
			(2) Accompany it with a written offer, valid for at
	least three years, to give any third party, for a charge no more than
	your cost of physically performing source distribution, a complete
	machine-readable copy of the corresponding source code, to be 
	distributed under the terms of Sections 3.1 and 3.2 on a medium 
	customarily used for software interchange; or,
 
			(3) Accompany it with the information you received as
	to the offer to distribute corresponding source code. (This alternative
	is allowed only for noncommercial distribution and only if you received
	the program in object code or executable form with such an offer, in
	accord with Subsection 3.3(b)(2) above.)
 
		(c) The source code distributed need not include anything
	that is normally distributed (in either source or binary form) with
	the major components (compiler, kernel, and so on) of the operating
	system on which the executable runs, unless that component itself
	accompanies the executable code.
 
		(d) If distribution of executable code or object code is made
	by offering access to copy from a designated place, then offering
	equivalent access to copy the source code from the same place counts
	as distribution of the source code, even though third parties are not
	compelled to copy the source along with the object code. 

		(e) Each time you redistribute the Program or any Derivative
	Work, the recipient automatically receives a license from 3dfx and
	successor licensors to copy, distribute or modify the Program and
	Derivative Works subject to the terms and conditions of the License.
	You may not impose any further restrictions on the recipients' 
	exercise of the rights granted herein. You are not responsible for
	enforcing compliance by third parties to this License.
 
		(f) You may not make any use of the GLIDE trademark without 
	the prior written permission of 3dfx.

		(g) You may not copy, modify, sublicense, or distribute the
	Program or any Derivative Works except as expressly provided under
	this License. Any attempt otherwise to copy, modify, sublicense or
	distribute the Program or any Derivative Works is void, and will
	automatically terminate your rights under this License. However,
	parties who have received copies, or rights, from you under this
	License will not have their licenses terminated so long as such
	parties remain in full compliance.

 
4. MISCELLANEOUS

	4.1 Acceptance of this License is voluntary. By using, modifying or
	distributing the Program or any Derivative Work, you indicate your 
	acceptance of this License to do so, and all its terms and conditions
	for copying, distributing or modifying the Program or works based on
	it. Nothing else grants you permission to modify or distribute the
	Program or Derivative Works and doing so without acceptance of this
	License is in violation of the U.S. and international copyright laws.

	4.2 If the distribution and/or use of the Program or Derivative Works
	is restricted in certain countries either by patents or by copyrighted
	interfaces, the original copyright holder who places the Program under
	this License may add an explicit geographical distribution limitation
	excluding those countries, so that distribution is permitted only in
	or among countries not thus excluded. In such case, this License
	incorporates the limitation as if written in the body of this License.

	4.3 This License is to be construed according to the laws of the 
	State of California and you consent to personal jurisdiction in the
	State of California in the event it is necessary to enforce the
	provisions of this License.


5. NO WARRANTIES

	5.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY
	FOR THE PROGRAM. OR DERIVATIVE WORKS THE COPYRIGHT HOLDERS AND/OR
	OTHER PARTIES PROVIDE THE PROGRAM AND ANY DERIVATIVE WORKS"AS IS"
	WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
	BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
	FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
	AND PERFORMANCE OF THE PROGRAM AND ANY DERIVATIVE WORK IS WITH YOU.
	SHOULD THE PROGRAM OR ANY DERIVATIVE WORK PROVE DEFECTIVE, YOU ASSUME
	THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

	5.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL 3DFX
	INTERACTIVE, INC., OR ANY OTHER COPYRIGHT HOLDER, OR ANY OTHER PARTY
	WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM OR DERIVATIVE WORKS AS
	PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
	SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
	INABILITY TO USE THE PROGRAM OR DERIVATIVE WORKS (INCLUDING BUT NOT
	LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES
	SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM OR
	DERIVATIVE WORKS TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH
	HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
	DAMAGES.

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Description: PGP signature


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