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Swiss Ephemeris Public License



I recently did an ITP for swiss-ephemeris which computes astronomical and
astrological data.  Nobody commented then and it looked ok to me however
James rejected it with the following comment:

> I'm a little concerned about the license on this software, in
> particular, this phrase:
>
>  "without any charge beyond the costs of data transfer."
>

and suggested I seek clarification here.

This is the license:

Included below is draft version 0.2 of the license that we are currently
using for the Swiss Ephemeris Free Edition. The license
is called the Swiss Ephemeris Public License (or "SEPL"), and qualifies as
an Open Source license. It is thus appropriate for people wishing to write
software under the Open Source model where all source code to the software
is made available to all users and can be freely modified and
redistributed.

To develop software with the Swiss Ephemeris Free Edition, simply meet the
requirements in the SEPL. Your software can be licensed by any license
that permits the requirements in section 6.

If you do not meet the requirements in the SEPL, for example if
- you develop and distribute software which is sold for a fee higher than a
  reasonable copy charge
- or/and you develop and distribute software which is not published under an
  Open Source or equivalent license
  you must purchase the Swiss Ephemeris Professional Edition under the Swiss
  Ephemeris Professional License.

Comments to the license:

'Legally' developed in #5 means either developed under this license, #6, or
under a professional license.
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                 THE SWISS EPHEMERIS PUBLIC LICENSE (SEPL)
                                version 0.2

              Copyright (C) 1998 Astrodienst AG, Switzerland.
                     Everyone is permitted to copy and
                     distribute this license document.

This license applies to any software containing a notice placed by the
copyright holder saying that it may be distributed under the terms of the
SEPL version 0.2. Such software is herein referred to as the Swiss
Ephemeris Software (SE). This license covers modification and distribution
of the SE, use of third-party application programs based on the SE, and
development of free software which uses the SE.

                               Granted Rights

1. You are granted the rights set forth in this license provided you agree
   to any and all conditions in this license. Whole or partial
   distribution of the SE in any form signifies acceptance of this
   license.

2. You may copy and distribute the SE provided that the entire package is
   distributed, including this License.

3. You may make modifications to the SE files and distribute your
   modifications in a form distinct from the SE. The following
   restrictions apply to modifications:

     a. Modifications must not alter or remove any copyright notices in the SE.

     b. If modifications to the SE are released under this
     license, a non-exclusive right is granted to the holder of the
     copyright of the unmodified SE to distribute your
     modification in future versions of the SE provided such
     versions remain available under these terms in addition to any
     other license.

4. You may distribute machine-executable forms of the SE or
   machine-executable forms of modified versions of the SE, provided that

you meet these restrictions:

     a. You accompany the SE with this license.

     b. You must ensure that all recipients of the machine-executable
     forms are also able to receive the complete machine-readable source
     code to the distributed SE, including all modifications, without any
     charge beyond the costs of data transfer.

     c. You ensure that all modifications included in the
     machine-executable forms are available under the terms of this
     license.

5. You may use the original or modified versions of the Swiss Ephemeris
   Software to compile, link and run application programs legally
   developed by you or third parties.

6. You may develop application programs, reusable components and other
   software items that link with the original or modified versions of the
   Swiss Ephemeris Software. These items, when distributed in
   machine-executable form, have the following restrictions:

     a. You must ensure that all recipients of machine-executable forms of
     these items are also able to receive and use the complete
     machine-readable source code to the items without any charge beyond
     the costs of data transfer.

     b. You must explicitly license all recipients of your items to use
     and re-distribute original and modified versions of the items in both
     machine-executable and source code forms under terms identical to
     those under which they received the items.

7. The trademarks 'Swiss Ephemeris' and 'Swiss Ephemeris inside' and the
   associated icons may be used for promoting software, products or
   services which use or contain the Swiss Ephemeris. The names of the
   authors of the Swiss Ephemeris Software and of the Copyright Holder may
   not be used to endorse or promote products or services derived from or
   linking to the Swiss Ephemeris Software without specific prior written
   permission.

This license file and the copyright notices in the source files are the
only places where the author's names may legally appear without specific
prior written permission.

This license file and the copyright notices in the source files are the
onlyplaces where the author's names may legally appear without specific
prior written permission.

                          Limitations of Liability

In no event shall the authors of the Swiss Ephemeris Software or their
employers be liable for any lost revenue or profits or other direct,
indirect, special, incidental or consequential damages, even if they have
been advised of the possibility of such damages.

                                No Warranty

The Swiss Ephemeris Software is provided AS IS with NO WARRANTY OF ANY
KIND, INCLUDING THE WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.

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