Hello!
Because I am putting more and more work into FireBird packages
and they're still not in Debian - I feel the need to be sure
that the packages I create will be DFSG-compliant.
Of course I've read the license - 3 times, but IANAL and I want
to be sure. I attached the copyright file.
FireBird is InterBase 6.0 compatible product created by volounteers
from InterBase 6.0-beta code.
A part of the license states:
The InterBase public license is based on the Mozilla Public License
V 1.1 with the following changes:
1. The license is published by Inprise Corporation. Only Inprise
Corporation can modify the terms applicable to Covered Code.
2. The license can be modified and used for code which is not
already governed by this license. Modified versions of the
license must be renamed to avoid confusion with Netscape's or
Inprise's license and must include a description of changes from
the InterBase Public License.
3. The name of the license in Exhibit A is the "InterBase Public
License".
4. The reference to an alternative license in Exhibit A has been
removed.
5. Amendments I, II, III, V, and VI have been deleted.
6. Exhibit A, Netscape Public License has been deleted
7. A new amendment (II) has been added, describing the required and
restricted rights to use the trademarks of Inprise Corporation.
We have Mozilla in main, so I belive this license should be OK too.
Please Cc: me the answers as I am not subscribed to the list.
Thanks.
Grzegorz Prokopski
PS: If there's anyone interested - working packages are at
http://debian.sente.pl/
This package was debianized by Grzegorz Prokopski <greg@sente.pl> on
Fri, 8 Mar 2002 22:26:36 +0100.
It was downloaded from http://firebird.sourceforge.net/
Upstream Author(s):
Borland Software Corporation www.borland.com
Firebird Project firebird.sourceforge.net
This software is
copyright (c) Borland Software Corporation
copyright (c) Firebird Project
You are free to distribute this software under the terms of
the InterBase Public License (IPL) version 1.0. It is MPL-type license.
Copy of the original IPL is presented below.
INTERBASE PUBLIC LICENSE
Version 1.0
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered
Code available to a third party.
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.
1.8.1. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired,
any and all of the rights conveyed herein.
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.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus
claims, in any patent Licensable by grantor.
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 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'' (or "Your") 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 more
than fifty percent (50%) 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) under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display, perform,
sublicense and distribute the Original Code (or portions thereof) with or
without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of
Original Code, to make, have made, use, practice, sell, and offer for sale,
and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
date Initial Developer first distributes Original Code under the terms of
this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted:
1) for code that You delete from the Original Code; 2) separate from the
Original Code; or 3) for infringements caused by: i) the modification of the
Original Code or ii) the combination of the Original Code with other
software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark)
Licensable by Contributor, 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 and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in combination
with its Contributor Version (or portions of such combination), to make,
use, sell, offer for sale, have made, and/or otherwise dispose of:
1) Modifications made by that Contributor (or portions thereof); and 2) the
combination of Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted:
1) for any code that Contributor has deleted from the Contributor Version;
2) separate from the Contributor Version; 3) for infringements caused by:
i) third party modifications of Contributor Version or ii) the combination
of Modifications made by that Contributor with other software (except as
part of the Contributor Version) or other devices; or 4) under Patent Claims
infringed by Covered Code in the absence of Modifications made by that
Contributor.
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 Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights granted by
such Contributor under Sections 2.1 or 2.2, Contributor 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 Contributor obtains such knowledge after the
Modification is made available as described in Section 3.2, Contributor
shall promptly modify the LEGAL file in all copies Contributor makes
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 Contributor's Modifications include an application programming interface
and Contributor has knowledge of patent licenses which are reasonably
necessary to implement that API, Contributor must also include this
information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a)
above, Contributor believes that Contributor's Modifications are
Contributor's original creation(s) and/or Contributor has sufficient rights
to grant the rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code.
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) where a user would be likely to look for such a
notice. If You created one or more Modification(s) You may add your name as
a Contributor to the notice described in Exhibit A. You must also duplicate
this License in any documentation for the Source Code where You describe
recipients' rights or ownership rights relating to Covered Code. 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 or ownership rights 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, judicial
order, 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.
Inprise Corporation (''Inprise'') 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 Inprise. No one other than
Inprise has the right to modify the terms applicable to Covered Code created
under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only
do in order to apply it to code which is not already Covered Code governed
by this License), You must (a) rename Your license so that the phrases
''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL",
"InterBase", "Inprise", "Borland'' or any confusingly similar phrase do not
appear in your license (except to note that your license differs from this
License) and (b) otherwise make it clear that Your version of the license
contains terms which differ from the Mozilla Public License and Netscape
Public License. (Filling in the name of the Initial Developer, Original
Code or Contributor in the notice described in Exhibit A shall not of
themselves be deemed to be modifications of this License.)
6.4 Origin of the InterBase Public License.
The InterBase public license is based on the Mozilla Public License V 1.1
with the following changes:
1. The license is published by Inprise Corporation. Only Inprise Corporation
can modify the terms applicable to Covered Code.
2. The license can be modified and used for code which is not already
governed by this license. Modified versions of the license must be renamed
to avoid confusion with Netscape?s or Inprise?s license and must include a
description of changes from the InterBase Public License.
3. The name of the license in Exhibit A is the "InterBase Public License".
4. The reference to an alternative license in Exhibit A has been removed.
5. Amendments I, II, III, V, and VI have been deleted.
6. Exhibit A, Netscape Public License has been deleted
7. A new amendment (II) has been added, describing the required and
restricted rights to use the trademarks of Inprise Corporation.
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.
8.1. 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.
8.2. If You initiate litigation by asserting a patent infringement claim
(excluding declaratory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You file such
action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes
any patent, then any and all rights granted by such Participant to You under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively, unless if within 60 days after receipt
of notice You either: (i) agree in writing to pay Participant a mutually
agreeable reasonable royalty for Your past and future use of Modifications
made by such Participant, or (ii) withdraw Your litigation claim with respect
to the Contributor Version against such Participant. If within 60 days of
notice, a reasonable royalty and payment arrangement are not mutually agreed
upon in writing by the parties or the litigation claim is not withdrawn, the
rights granted by Participant to You under Sections 2.1 and/or 2.2
automatically terminate at the expiration of the 60 day notice period
specified above.
(b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then any
rights granted to You by such Participant under Sections 2.1(b) and 2.2(b)
are revoked effective as of the date You first made, used, sold, distributed,
or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging
that such Participant's Contributor Version directly or indirectly infringes
any patent where such claim is resolved (such as by license or settlement)
prior to the initiation of patent infringement litigation, then the
reasonable value of the licenses granted by such Participant under Sections
2.1 or 2.2 shall be taken into account in determining the amount or value of
any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end
user license agreements (excluding distributors and resellers) which have
been validly granted by You or any distributor hereunder prior to termination
shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF
ANY OF SUCH PARTIES, BE LIABLE TO ANY 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.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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 Georgia law provisions (except
to the extent applicable law, if any, provides otherwise), excluding its
conflict-of-law provisions. With respect to disputes in which at least one
party is a citizen of, or an entity chartered or registered to do business
in the United States of America, Any litigation relating to this License
shall be subject to the jurisdiction of the Federal Courts of the Northern
District of Georgia and/or the state courts of Gwinnett County, Georgia,
with the losing party responsible for costs, including without limitation,
court costs and reasonable attorneys' fees and expenses. 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.
As between Initial Developer and the Contributors, each party is responsible
for claims and damages arising, directly or indirectly, out of its
utilization of rights under this License and You agree to work with Initial
Developer and Contributors to distribute such responsibility on an equitable
basis. Nothing herein is intended or shall be deemed to constitute any
admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer
permits you to utilize portions of the Covered Code under Your choice of
the InterBase Public License or the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.
EXHIBIT A - InterBase Public License.
``The contents of this file are subject to the InterBase Public License
Version 1.0 (the "License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at
http://www.interbase.com/IPL.html
Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License
for the specific language governing rights and limitations under the License.
The Original Code was created by InterBase Software Corp and its successors.
Portions created by Borland/Inprise are Copyright (C) Borland/Inprise.
All Rights Reserved.
Contributor(s): ______________________________________.
AMENDMENTS
I. InterBase and logo. This License does not grant any rights to use the
trademarks "InterBase'', "Java" or "JavaScript" even if such marks are
included in the Original Code or Modifications.
II. Trademark Usage.
II.1. Advertising Materials. All advertising materials mentioning features
or use of the covered Code must display the following acknowledgement: "This
product includes software developed by Inprise Corporation. "
II.2. Endorsements. The names "InterBase," "Inprise," and "Borland" must not
be used to endorse or promote Contributor Versions or Larger Works without
the prior written permission of InterBase.
II.3. Product Names. Contributor Versions and Larger Works may not be called
"InterBase" or "InterBase" nor may the word "InterBase" appear in their
names without the prior written permission of Inprise.
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