Please discuss using email@example.com . Note the arbitration
and legal expense clause.
Novell Cooperative License 1.0 (NCL)
1. A Contributor is an individual or organization that makes code available
under the NCL by placing a Notice in computer programming code or
documentation (Contributions). A Notice states that the Contributions are
being made available under the NCL, and follows the format provided in
Exhibit A hereto.
2. Subject to the terms and conditions of this NCL, each Contributor to the
software grants you a worldwide, royalty-free, non-exclusive license under
its applicable intellectual property rights to use, reproduce, modify,
display, perform, sublicense and distribute the Contributions and
derivative works thereof, in source and binary code form.
3. In consideration of, and as a condition to, the licenses granted to you
under this license, you agree to comply with the each of the following
requirements with respect to any distribution by You of the Contributions
and/or derivative works thereof, in source code or binary code form
1. If you distribute the Distributions in binary code form, then you must
make the Distributions available in source code form to all binary code
licensees via a generally accessible distribution mechanism, such as
installation media or a well-known, publicly accessible web site;
2. You may distribute the Distributions in source code form only under the
NCL, and you may distribute the Distributions in binary code form only under
the NCL or a license agreement containing a prominent notice informing
recipients how to obtain the Distributions in source code form under the NCL;
3. If the Distributions contain derivative works created by you, you
must place a Notice in the source code of the derivative works stating that
your derivative works are being made available under the NCL;
4. You shall not remove notices from the Distributions;
5. Neither Novell's trademarks or trade names, nor the trademarks or
trade names of any Contributors, may be used to endorse or promote products
derived from this software without specific prior written permission;
6. Your distribution of Distributions must be in compliance with
relevant law and government regulations.
4. Novell may publish revised versions of the NCL from time to time; you may
license Contributions under this version or any subsequent versions. If You
modify the NCL, you must remove all references to Novell other than a prominent
notice that your version contains different terms than the NCL.
5. If you fail to cure a material breach of this Agreement within sixty
(60) days of receipt of written notice from a Contributor, you and the
Contributor shall immediately submit to binding arbitration to be completed
within six (6) months in compliance with the rules of the American Arbitration
Association before an arbitrator competent in the field of computer law.
Any determination by the arbitrator shall be final and binding on all parties
and may be entered as a final judgment in any court of competent jurisdiction.
If the Contributor prevails, You shall pay the Contributors costs and attorneys
fees, and the licenses granted to you by the Contributor shall be revoked unless
you cure the breach within a reasonable time specified by the arbitrator. If you
prevail and the Contributors allegation of breach was brought in bad faith, the
Contributor shall pay your costs and attorneys fees.
6. THE LICENSES GRANTED HEREUNDER ARE GRANTED ON AN "AS IS'' BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES THAT THE CONTRIBUTIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING. Notwithstanding the foregoing, each
Contributor represents that to the best of its knowledge the Contributor has
sufficient rights to grant licenses to its contributions as conveyed by the NCL.
7. IN NO EVENT SHALL NOVELL, YOU OR ANY OTHER CONTRIBUTOR BE LIABLE FOR
ANY DIRECT, 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). SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
NOVELL COOPERATIVE LICENSE NOTICE
The contents of this file are subject to the Novell Cooperative License
1.0 (the "Agreement"); you may not use or distribute this file except in
compliance with the Agreement. You may obtain a copy of the Agreement at
[URL]. Software and documentation distributed under the Agreement is
distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express
or implied. See the Agreement for the specific language governing rights
and limitations under the Agreement. The Contribution is
_________________________________ code, released