[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have been replaced by equivalent references to Jaluna.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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