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Is the SYPP License DFSG-Compliant?



Greets! :^)

I intend to package Code Crusader (jcc) and Code Medic (medic).
These two programs have DFSG-compliant (though non-GPL) licenses.
I have attatched their licenses, if anyone wants to check them over.

However, both of them depend on the JX Application Framework,
which may or may not be DFSG-compliant. After reading the license
several times, and reading the SYPP license web page several times,
and reading the DFSG several times, it is my opinion that this license
does not violate the DFSG.

It is free in every (DFSG) sense for non-commercial use. However,
payment to the authors is required for commercial use. Commercial
exploitation is _not_ prohibited outright; just requires payment.

AFAICS, it does not conflict with any provision of the DFSG, and
therefore should go into unstable/main, along with jcc and medic.

I am asking here because it is not GPL, and this is my first
dealing with a non-GPL source package. I defer to the consensus
on this issue.... :^)

Cheers!
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\____________________________________________________________________/
JCore, JX, and associated documentation files (the "Software") are
copyright (c) 1994-99 by John Lindal, Glenn Bach, and Dustin Laurence (the
"Authors").

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 AUTHORS 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.

This file shall be included unchanged in all copies or substantial portions
of the Software.

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

The Software is distributed under the SYPP license:

Preamble

In an ideal world, all software would be free.  In the real world, however,
most people cannot afford to give away what they create because they do not
have sufficient income from other sources.

Shareware is the accepted compromise for stand-alone programs.  Users only
have to pay if the software is useful.  SYPP provides an equivalent
compromise for libraries of code by asking the program's author to share
the profits from the program with the library's author.

License

The Software is free for non-commercial development.

Any commercial or government use of the Software, including internal use,
must be accompanied by a license agreement to be negotiated on a
case-by-case basis.  The Software is free during the initial evaluation.

Shareware is considered a commercial use, so it requires a license
agreement.   However, one is only required to pay a one-time library
shareware fee for the Software and only after the program has brought in 10
times as much as the library shareware fee.  (This means that one only
needs to pay when the program is successful, thereby avoiding any financial
risk to the shareware author.)

The Software may be freely redistributed in its original form.

  If you make modifications to the Software, you may distribute them in a
  separate package as a set of patches.  Modifications must not alter or
  remove this license or any copyright notices.  The Authors are granted a
  non-exclusive right to distribute and/or merge your modifications in
  future releases.

  If you distribute a compiled version of the modified Software, it must
  clearly display the fact that it is not built from the original
  distribution and must give clear directions for obtaining both the
  original distribution and the source for the modifications, without any
  charge beyond the costs of data transfer.

If you legally obtain a program that requires the Software in order to run,
then you can install the Software on your computer at no charge as long as
you use it only to run that program.

Notes

The following text is included for clarification only.  It is not part of
the official license.

The terms of the commerical license are intentionally vague to allow
flexibility.  The spirit of SYPP suggests that one negotiate a fraction of
the revenue from the product as payment, since this is the closest to true
sharing of profit.  However, many other arrangements are possible.  One
common one is an initial payment to purchase particular usage rights, and
then a smaller, annual payment for continuing support and upgrades.

The dividing line is drawn at the boundary between non-commercial and
commercial development instead of the boundary between open and closed
source development methods because the former seems more reasonable when
considering compensation.  Those who make money ought to be able to share
it to help keep alive the project(s) on which they depend.

The official text of the SYPP license is on the World Wide Web:

    http://www.cco.caltech.edu/~jafl/sypp/

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

The source to JCore, JX, Code Crusader, etc is provided primarily so people
can compile them on UNIX systems to which the JX development team does not
have access.  To help others who have the same system as you, please
consider building the binary distribution packages and making them
available via ftp on the main JX ftp site.  (Mirror sites are always
welcome, too.)

If you need to modify the source, either to get it to compile on your
system or to enhance it, you will save yourself a lot of trouble by first
discussing it with us because (1) it might already have been done in a
newer release, (2) we can check that it won't disrupt any of the myriad
subtle interactions between library components, and (3) we might think of
an easier way to do it.

We also ask that you please submit any successful changes so we can merge
them into the master source to benefit everybody.  Custom widgets built on
top of JX are your own, and you can do as you wish with them, but we
encourage you to make them available, too, so others can use them.

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

Both JCore and JX use the The ADAPTIVE Communication Environment (ACE)
library for all their networking needs.  According to the author of ACE,
Doug Schmidt, you are only required to mention ACE in your documentation if
you use it directly.  Indirect use via JCore or JX functionality does not
require you to mention it.  (But it wouldn't hurt if you mentioned it
anyway :)  The minimal text is:

"ACE is copyrighted by Douglas C. Schmidt and his research group at
Washington University, Copyright (c) 1993-1997, all rights reserved."

The ACE Copyright Web page has all the details:

    http://www.cs.wustl.edu/~schmidt/ACE-copying.html

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

Both JCore and JX use Henry Spencer's Regular Expression package as
encapsulated by the JRegex class.  If you do not use regexes in your code,
you do not need to mention it.  If your code uses regexes, but they are not
visible to the user, then you only need to give Henry credit in the
documentation for your code.  If your application lets the user use
regexes, then your program's documentation should mention it.

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

JX uses the GIF library GD to provide the GIF related functions in JXImage.
If your program displays any GIFs at all, you must include the following
text in your program's documentation in a place where the user can find it:

    Portions copyright 1994, 1995, 1996, 1997, 1998, by Cold Spring Harbor
    Laboratory. Funded under Grant P41-RR02188 by the National Institutes
    of Health.

    Portions copyright 1996, 1997, 1998, by Boutell.Com, Inc. 

    GIF decompression code copyright 1990, 1991, 1993, by David Koblas
    (koblas@netcom.com).

    Non-LZW-based GIF compression code copyright 1998, by Hutchison Avenue
    Software Corporation (http://www.hasc.com/, info@hasc.com).

    Permission has been granted to copy and distribute gd in any context,
    including a commercial application, provided that this notice is
    present in user-accessible supporting documentation.

    This does not affect your ownership of the derived work itself, and the
    intent is to assure proper credit for the authors of gd, not to
    interfere with your productive use of gd. If you have questions, ask.
    "Derived works" includes all programs that utilize the library. Credit
    must be given in user-accessible documentation.

    Permission to use, copy, modify, and distribute this software and its
    documentation for any purpose and without fee is hereby granted,
    provided that the above copyright notice appear in all copies and that
    both that copyright notice and this permission notice appear in
    supporting documentation. This software is provided "as is" without
    express or implied warranty.

The main GD page has all the details:

    http://www.boutell.com/gd/

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

JX uses the XPM library to provide the XPM related functions in JXImage.
If your program displays any XPMs at all, you must include the following
text in your program's documentation in a place where the user can find it:

    Copyright (C) 1989-95 GROUPE BULL

    Permission is hereby granted, 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
    GROUPE BULL 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 GROUPE BULL shall not be
    used in advertising or otherwise to promote the sale, use or other dealings
    in this Software without prior written authorization from GROUPE BULL.

The main libXPM page has all the details:

    http://www.inria.fr/koala/lehors/xpm.html

Code Medic, and associated documentation files (the "Software") are
copyright (c) 1999 by Glenn Bach (the "Author").

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 AUTHORS 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.

This file shall be included unchanged in all copies or substantial portions
of the Software.

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

The Software may be freely redistributed in its original form.

  If you make modifications to the Software, you may distribute them in a
  separate package as a set of patches.  Modifications must not alter or
  remove this license or any copyright notices.  The Authors are granted a
  non-exclusive right to distribute and/or merge your modifications in
  future releases.

  If you distribute a compiled version of the modified Software, it must
  clearly display the fact that it is not built from the original
  distribution and must give clear directions for obtaining both the
  original distribution and the source for the modifications, without any
  charge beyond the costs of data transfer.

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

The source to Code Medic is provided primarily so people can compile it on
UNIX systems to which the author does not have access.  To help others who
have the same system as you, please consider building the binary and making
it available via ftp on the main Code Medic ftp site.  (Mirror sites are
always welcome, too.)

If you need to modify the source, either to get it to compile on your
system or to enhance it, you will save yourself a lot of trouble by first
discussing it with me because (1) it might already have been done in a
newer release, (2) I can check that it won't disrupt any of the myriad
subtle interactions between components, and (3) I might think of an easier
way to do it.

As mentioned above, you are only allowed to redistribute the unmodified
source package.  Successful changes will propagate by being merged into the
master source and released in the next version.  I want to maintain a
single distribution because this will insure that nobody will be cut off
from using future upgrades.

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

Code Medic was written using:

* JX Application Framework
  http://www.cco.caltech.edu/~jafl/jx/

* The ADAPTIVE Communication Environment (ACE) library.

  "ACE is copyrighted by Douglas C. Schmidt and his research group at
  Washington University, Copyright (c) 1993-1997, all rights reserved."

  The ACE Copyright Web page has all the details:

    http://siesta.cs.wustl.edu/~schmidt/ACE-copying.html

* Henry Spencer's Regular Expression library

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

Code Medic

http://www.cco.caltech.edu/~glenn/medic
Code Crusader and associated documentation files (the "Software") are copyright
(c) 1998-99 by John Lindal (the "Author").

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.

This file shall be included unchanged in all copies or substantial portions
of the Software.

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

The compiled version of the Software is free for all uses.

The Software may be freely redistributed in its original form.

  If you make modifications to the Software, you may distribute them in a
  separate package as a set of patches.  Modifications must not alter or
  remove this license or any copyright notices.  The Author is granted a
  non-exclusive right to distribute and/or merge your modifications in
  future releases.

  If you distribute a compiled version of the modified Software, it must
  clearly display the fact that it is not built from the original
  distribution and must give clear directions for obtaining both the
  original distribution and the source for the modifications, without any
  charge beyond the costs of data transfer.

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

The source to Code Crusader is provided primarily so people can compile them
on UNIX systems to which the JX development team does not have access.  To
help others who have the same system as you, please consider building the
binary distribution packages and making them available via ftp on the main
JX ftp site.  (Mirror sites are always welcome, too.)

If you need to modify the source, either to get it to compile on your
system or to enhance it, you will save yourself a lot of trouble by first
discussing it with us because (1) it might already have been done in a
newer release, (2) we can check that it won't break anything, and (3) we
might think of an easier way to do it.

We also ask that you please submit any successful changes so we can merge
them into the master source to benefit everybody.


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