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JasPer License Issues: Some Potentially Good News



Hi Folks:

[I have tried to include everyone that was involved in the discussions
on the JasPer software license on the distribution list for this
email.  Quite a number of people were involved.  I hope that I did not
miss anybody.]

I have some potentially good news.  Image Power seems to be agreeable
to revising the JasPer software license to address the concerns raised
by you and other members of the open-source community.  I have appended
the first preliminary draft of the new license to this email for your
feedback.  I would very much appreciate your comments, as it would be a
waste to go through the trouble to change the license for you folks if
the result will not meet your needs.

BTW, the new license was largely copied from the open-source-certified
X11 license.  Image Power has added condition 3 and I wonder if this is
alright.  The IBM Public License (certified by the Open Source
Initiative) also seems to have a similar type of clause.  So, this
appears not to go against the spirit of open source.

Thanks,
Michael

---
Michael Adams, Assistant Professor
Dept. of Elec. and Comp. Engineering, University of Victoria
P.O. Box 3055 STN CSC, Victoria, BC, V8W 3P6, CANADA
E-mail: mdadams@ece.uvic.ca, Web: www.ece.uvic.ca/~mdadams

--- cut here ---

JasPer License Version 2.0

Copyright (c) 1999-2000 Image Power, Inc.
Copyright (c) 1999-2000 The University of British Columbia
Copyright (c) 2001-2003 Michael David Adams

All rights reserved.

Permission is hereby granted, free of charge, to any person (the
"User") 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, 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:

1.  The above copyright notice and this permission notice (which
includes the disclaimer below) shall be included in all copies or
substantial portions of the Software.

2.  The name of a copyright holder shall not be used to endorse or
promote products derived from the Software without specific prior
written permission.

3.  If User breaches any term of this license or commences an
infringement action against any copyright holder then the User's
license and all sublicenses that have been granted hereunder by User to
other parties shall terminate.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE.  NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
THIS DISCLAIMER.  THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS "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 OF THIRD PARTY RIGHTS.  IN NO
EVENT SHALL THE COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, OR ANY
SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.  THE USER
ACKNOWLEDGES THAT NO ASSURANCES ARE PROVIDED BY THE COPYRIGHT HOLDERS
THAT THE SOFTWARE DOES NOT INFRINGE THE PATENT OR OTHER INTELLECTUAL
PROPERTY RIGHTS OF OTHER PARTIES.  EACH COPYRIGHT HOLDER DISCLAIMS ANY
LIABILITY TO THE USER FOR CLAIMS BROUGHT BY ANY PARTY BASED ON
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.  AS A
CONDITION TO EXERCISING THE RIGHTS GRANTED HEREUNDER, EACH USER HEREBY
ASSUMES SOLE RESPONSIBILITY TO SECURE THE INTELLECTUAL PROPERTY RIGHTS
NEEDED, IF ANY.  THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT INTENDED
FOR USE IN MISSION-CRITICAL SYSTEMS, SUCH AS THOSE USED IN THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION
SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, DIRECT LIFE SUPPORT MACHINES, OR
WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE OR PRODUCT COULD
LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES").  THE COPYRIGHT HOLDERS
SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
HIGH RISK ACTIVITIES.



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