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[OSD compliance] Jaluna Public License 1.1



[ Hi.  Please examine this license, and tell me if you believe that it
complies with the Open Source Definition.  -russ ]

Hello,

Please consider the Jaluna Public License 1.1 for approbation.

This license can be found at : 
        http://www.jaluna.com/developer/jpl-1.1.html

A text version is appended at the end of this message.

This license is derived from the Mozilla Public License 1.1, with the following
modifications (cut&pasted from http://www.jaluna.com/developer/license.html) :

1) The license is named Jaluna Public License instead of 
   Mozilla Public License, as it refers to software distributed
   and maintained by Jaluna,
2) As required by the MPL, all references to Mozilla or Netscape, 
   have been replaced by equivalent references to Jaluna.
3) Sections 6.x of MPL 1.1 grants the right to make new versions 
   of the license to Netscape Communications Corporations. 
   The JPL 1.1 grants this right to Jaluna SA.
4) JPL 1.1 refers to the law of France.

I wish this application to be openly posted for discussion.

Thanks in advance,

  -- Benoit Poulot-Cazajous

Jaluna Public License
Version 1.1

1. Definitions.

      1.1. "Commercial Use" means distribution or otherwise making the
      Covered Code available to a third party.

      1.2. "Contributor" means each entity that creates or contributes
      to the creation of Modifications.

      1.3. "Contributor Version" means the combination of the Original
      Code, prior Modifications used by a Contributor, and the
      Modifications made by that particular Contributor.

      1.4. "Covered Code" means the Original Code or Modifications or
      the combination of the Original Code and Modifications, in each
      case including portions thereof.

      1.5. "Electronic Distribution Mechanism" means a mechanism
      generally accepted in the software development community for the
      electronic transfer of data.

      1.6. "Executable" means Covered Code in any form other than
      Source Code.

      1.7. "Initial Developer" means the individual or entity
      identified as the Initial Developer in the Source Code notice
      required by Exhibit A.

      1.8. "Larger Work" means a work which combines Covered Code or
      portions thereof with code not governed by the terms of this License.

      1.9. "License" means this document.

      1.10. "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.

      1.11. "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.

      1.12. "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.

      1.13. "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.

      1.14. "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.

      1.15. "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.
      Jaluna SA ("Jaluna") 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
      Jaluna. No one other than Jaluna 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 "Jaluna",
            "JALUNAPL", "JalPL", "JPL" 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 Jaluna 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.)

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 declatory 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. 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 French 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.

11. 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.

12. 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 JPL or the alternative licenses, if any,
      specified by the Initial Developer in the file described in
      Exhibit A.

EXHIBIT A -Jaluna Public License.

      The contents of this file are subject to the Jaluna Public License
      Version 1.1 (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.jaluna.com/.

      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 is ______________________________________.
      The Initial Developer of the Original Code is
      ________________________.
      Portions created by ______________________ are Copyright (C)
      _____________________________. All Rights Reserved.
      Contributor(s): ______________________________________.

      Alternatively, the contents of this file may be used under the
      terms of the _____ license (the "[___] License"), in which case
      the provisions of [______] License are applicable instead of those
      above.

      If you wish to allow use of your version of this file only under
      the terms of the [____] License and not to allow others to use
      your version of this file under the JPL, indicate your decision by
      deleting the provisions above and replace them with the notice and
      other provisions required by the [___] License. If you do not
      delete the provisions above, a recipient may use your version of
      this file under either the JPL or the [___] License."

      [NOTE: The text of this Exhibit A may differ slightly from the
      text of the notices in the Source Code files of the Original Code.
      You should use the text of this Exhibit A rather than the text
      found in the Original Code Source Code for Your Modifications.]

      Jaluna Public License v1.1 - JL/MR-02-31.2 (c) Jaluna SA, 2003.
      All Rights Reserved

PS: This is a resend of an email I sent 2 weeks ago and got lost somehow. 
Sorry if you see it twice.

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