eddyp wrote:
> I am planning to package an application covered by the Spin Public License.
>
> Could you tell me if this :
> http://cm.bell-labs.com/cm/cs/what/spin/SPIN_public_license.txt
>
> is a free or non-free license?
In general, when requesting that debian-legal review a license, it is
preferable to include the text of the license in your mail, so that
others may easily quote and review in followups.
The text of the license at that address follows:
> LUCENT TECHNOLOGIES INC.
> SPIN SOFTWARE PUBLIC LICENSE AGREEMENT
>
> PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
> BY CLICKING ON THE "ACCEPT" BUTTON BELOW, OR BY DOWNLOADING,
> INSTALLING, USING, COPYING, MODIFYING OR DISTRIBUTING THE
> SOFTWARE OR DERIVATIVE WORKS THEREOF, YOU ARE CONSENTING TO
> BE BOUND BY THIS AGREEMENT.
> IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
> CLICK ON THE "DO NOT ACCEPT" BUTTON BELOW AND THE
> INSTALLATION/DOWNLOAD PROCESS WILL NOT CONTINUE.
>
> 1. DEFINITIONS
> 1.1
> "Agreement" means this Lucent Technologies Inc. SPIN Software Public License Agreement.
>
> 1.2
> "Contributor(s)" means any individual or entity that creates or contributes to a
> Modification of the Original Software.
>
> 1.3
> "Licensee" means an individual or a legal entity entering into and exercising rights
> under this Agreement or future versions thereof.
> For the purposes hereunder, Licensee includes any entity that controls, is controlled by,
> or is under common control with Licensee. For purposes of this definition, "control"
> means (i) the power, direct or indirect, to cause the direction or management of such
> entity, whether by contract or otherwise;
> or (ii) ownership of fifty percent (50%) or more of the controlling shares or beneficial
> ownership of such entity. Licensee is also referred to herein as "You".
>
> 1.4
> "Licensed Software" means the Original Software, Modifications, or any combination
> of the Original Software and Modifications.
>
> 1.5
> "LUCENT" means Lucent Technologies Inc., a Delaware corporation having an office
> at 600 Mountain Ave., Murray Hill, NJ 07974, its related companies and/or affiliates.
>
> 1.6
> "SPIN Software" means the source code for the logic model checking system named SPIN,
> developed, copyrighted, and distributed by LUCENT.
>
> 1.7
> "Modification(s)" means any addition, deletion, change, or improvement to the Original
> Software or prior Modifications thereto. Modifications do not include additions to the
> Original Software or prior Modifications which (i) are separate modules of software which
> may be distributed in conjunction with Licensed Software; or (ii) are not derivative works
> of the Licensed Software itself.
>
> 1.8
> "Object Code" means machine readable software code.
>
> 1.9
> "Original Contributor" means LUCENT.
>
> 1.10
> "Original Software" means the SPIN Software, in both Source Code form and Object Code
> form, and any associated documentation as originally developed by Original Contributor,
> and as originally furnished under this Agreement.
>
> 1.11
> "Recipient" means any individual or legal entity receiving the Licensed Software under
> this Agreement, including all Contributors, or receiving the Licensed Software under
> another license agreement as authorized herein.
>
> 1.12
> "Source Code" means human readable software code.
>
> 2.0 GRANT of Rights
> 2.1
> Subject to the terms of this Agreement, Original Contributor grants to Licensee, a royalty-free, nonexclusive,
> non-transferable, worldwide license, subject to third party intellectual property claims, to use, reproduce,
> modify, execute, display, perform, distribute and sublicense, the Original Software (with or without
> Modifications) in Source Code form and/or Object Code form for commercial and/or non-commercial purposes
> subject to the terms of this Agreement. This grant includes a nonexclusive and non-transferable license under
> any patents which Original Contributor has a right to license and which, but for this license, are unavoidably
> and necessarily infringed by the execution of the inherent functionality of the Original Software in the form
> furnished under this Agreement. Nothing contained herein shall be construed as conferring by implication,
> estoppel or otherwise any license or right under any existing or future patent claim which is directed to a
> combination of the functionality of the Original Software with the functionality of any other software programs,
> or a combination of hardware systems other than the combination of the Original Software and the hardware or
> firmware into which the Original Software is loaded. Distribution of Licensed Software to third parties pursuant
> to this grant shall be subject to the same terms and conditions as set forth in this Agreement, and may, at your
> option, include a reasonable charge for the cost of any media. You may also, at your option, charge for any
> other software, product or service which includes or incorporates the Original Software as a part thereof.
>
> 2.2
> Subject to the terms of this Agreement, each Contributor grants to Licensee, a royalty-free, nonexclusive, non-
> transferable, worldwide license, subject to third party intellectual property claims, to use, reproduce, modify,
> execute, display, perform, distribute and sublicense, Modifications created by such Contributor in Source Code
> form and/or Object Code form for commercial and/or non-commercial purposes subject to the terms of this
> Agreement. This grant includes a nonexclusive and non-transferable license under any patents which such
> Contributor has a right to license and which, but for this license, are unavoidably and necessarily infringed by
> the execution of the inherent functionality of the Modifications in the form furnished under this Agreement.
> Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or
> right under any existing or future patent claim which is directed to a combination of the functionality of the
> Modifications with the functionality of any other software programs, or a combination of hardware systems
> other than the combination of Modifications and the hardware or firmware into which the Modifications are
> loaded. Distribution of Modifications to third parties pursuant to this grant shall be subject to the same terms
> and conditions as set forth in this Agreement, and may, at your option, include a reasonable charge for the cost
> of any media. You may also, at your option, charge for any other software, product or service which includes or
> incorporates the Original Software as a part thereof.
>
> 3.0 DISTRIBUTION OBLIGATIONS
> 3.1
> Modifications which You create or to which You contribute are governed by the terms of this Agreement and
> must be made available under the terms this Agreement in at least the same form as the Source Code version of
> Licensed Software furnished hereunder. Any distribution by You of the Source Code version of Licensed
> Software must be made under the terms of this Agreement or any future version of this Agreement under
> Section 11.0, and You must include a copy of this Agreement with each and every copy of such Source Code
> version of Licensed Software which You distribute. You may not offer or impose any terms on any such
> Source Code version of Licensed Software that alters or restricts the terms of the applicable version of this
> Agreement or the Recipients" rights and obligations hereunder.
>
> 3.2
> You must cause all Licensed Software to which You contribute, i.e. Your Modifications, to contain a clear
> identification, e.g., a separate file, documenting the changes made by You and identifying You as the
> Contributor that reasonably allows subsequent Recipients to identify the originator of the Modification. To the
> extent You create at least one Modification, You may add Your name as a Contributor to the requisite notice
> described in Section 3.3.
>
> 3.3
> With respect to Your distribution of Licensed Software (or any portion thereof), You must include the following
> information in a conspicuous location governing such distribution (e.g., a separate file) and on all copies of any
> Source Code version of Licensed Software You distribute:
> "The contents herein includes software initially developed by Bell Laboratories, Lucent Technologies Inc.,
> and is subject to the terms of the Lucent Technologies Inc. SPIN Software Public License Agreement.
> A copy of the SPIN Software Public License Agreement is available at:
>
> http://cm.bell-labs.com/cm/cs/what/spin/SPIN_public_license.txt
>
> or by contacting Lucent Technologies at spin_list@research.bell-labs.com.
>
> All software distributed under such Agreement is distributed on an "AS IS" basis,
> WITHOUT WARRANTY OF ANY KIND, either express or implied. See the SPIN Software
> Public License Agreement for the specific language governing all rights, obligations
> and limitations under such Agreement.
> Portions of the software developed by Lucent Technologies Inc. are Copyright 1989-2001.
> All rights reserved.
> Contributor(s):___________________________"
>
> 3.4
> You may distribute Licensed Software in Object Code form using this Agreement, or under a license of Your
> choice provided that You are in compliance with this Agreement and Your license: (a) complies with the terms
> and conditions of this Agreement; (b) does not limit or alter the Recipient"s rights and obligations in the Source
> Code version of the Licensed Software set forth in this Agreement; (c) states that the Source Code version of
> the Licensed Software is available from You, and describes how to it may be obtained by Recipient; (d)
> effectively disclaims on behalf of Original Contributor and all Contributors all warranties and conditions,
> express or implied, including warranties or conditions of title or non-infringement, and implied warranties or
> conditions of merchantability and fitness for a particular purpose; (e) effectively excludes on behalf of Original
> Contributor and all Contributors all liability for damages, including direct, indirect, special, incidental, and
> consequential damages; and (f) clearly states that any terms which differ from this Agreement are offered by
> You alone, not by Original Contributor or any other Contributor. You hereby agree to indemnify Original
> Contributor or any other Contributor for any liability incurred by Original Contributor or any other Contributor
> as result of any such differing terms You offer in Your license.
>
> 3.5
> You may not use the names "Lucent Technologies", "Bell Labs" or any other name associated with LUCENT
> or any LUCENT trademark for any purposes other than as specifically provided in Section 3.0.
>
> 3.6
> You must include all of the original copyright, labels or other notices on the Licensed Software on any copies of
> the Licensed Software which You make; and include with the distribution of any Modifications You create a
> copy (or an offer to provide such a copy at no charge) of the Licensed Software, on the same terms as set forth
> in this Agreement.
>
> 3.7
> While this Agreement contemplates the commercial use and distribution of Licensed Software, commercial
> distributors of software may, for a variety of reasons, accept certain responsibilities with respect to customers,
> licensees, business partners and the like. As such, if You or any Contributor include Licensed Software in a
> commercial offering ("Commercial Contributor"), such Commercial Contributor agrees to defend and
> indemnify Original Contributor and all other Contributors (collectively "Indemnified Contributors") against
> any liability, losses, damages and costs arising from claims, lawsuits and other legal actions brought by any
> third party against the Indemnified Contributors to the extent caused by the acts or omissions of such
> Commercial Contributor in connection with its use or distribution of Licensed Software in a commercial
> offering of any kind.
>
> 4.0 MODIFICATIONS.
> You agree to provide the Original Contributor, at its request, with a copy of the complete
> Source Code version, Object Code version and related documentation for Modifications created or contributed to by
> You. Original Contributor and/or other Contributors shall have unrestricted, nonexclusive, worldwide, perpetual,
> royalty-free rights, to use, reproduce, modify, display, perform, sublicense and distribute Your Modifications, and to
> grant third parties the right to do so, including without limitation as a part of or with the Licensed Software; and
> Original Contributor and/or other Contributors shall have the right to license or to otherwise transfer to third parties
> Your Modifications without notice, obligation or recourse to You. You grant to Original Contributor, Contributors
> and their respective licensees all rights and licenses (including patents) as are necessary to incorporate the
> Modifications created or contribute by You into the Licensed Software and to use, distribute or otherwise exploit
> such Licensed Software without payment or accounting to You.
>
> 5.0 TITLE.
> Title, ownership rights, and intellectual property rights in the Original Software shall remain in the
> Original Contributor. Original Contributor and/or the other Contributors reserve all rights not expressly granted to
> You, and no other licenses are granted or implied.
> The Licensed Software is protected by copyright laws and treaties.
>
> 6.0 TERMINATION
> 6.1
> The licenses and rights granted under this Agreement shall terminate automatically if (i) You fail to comply
> with all of the terms and conditions herein; or (ii) You initiate or participate in any intellectual property action
> against Original Contributor and/or another Contributor.
>
> 6.2
> The rights and obligations of the parties hereto which by their nature would continue beyond termination of this
> Agreement shall survive and continue after any such termination of this Agreement.
>
> 6.3
> Upon termination for any reason, You must destroy all copies of the Licensed Software in your possession. All
> sublicenses of Licensed Software which were validly granted by You to third parties under this Agreement shall
> survive such termination.
>
> 7.0 DISCLAIMER OF WARRANTY.
> YOU UNDERSTAND AND ACKNOWLEDGE THAT, TO THE
> FULLEST EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE IS LICENSED UNDER THIS
> AGREEMENT FREE OF CHARGE ON AN "AS IS" BASIS WITH ALL FAULTS, LATENT AND PATENT
> AND WITHOUT ANY WARRANTY OF ANY TYPE. ORIGINAL CONTRIBUTOR AND THE OTHER
> CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED. BY
> WAY OF EXAMPLE, BUT NOT OF LIMITATION, ORIGINAL CONTRIBUTOR AND THE OTHER
> CONTRIBUTORS MAKE NO REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A
> PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE WILL NOT INFRINGE ANY
> PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY AND IT SHALL BE
> THE SOLE RESPONSIBILITY OF YOU TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH
> RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS OR OTHER INTELLECTUAL
> PROPERTY RIGHTS OF THIRD PARTIES. ORIGINAL CONTRIBUTOR AND THE OTHER
> CONTRIBUTORS DO NOT WARRANT THAT THE FUNCTIONS OF THE LICENSED SOFTWARE WILL
> MEET YOUR REQUIREMENTS OR THAT LICENSED SOFTWARE OPERATION WILL BE ERROR-FREE
> OR UNINTERRUPTED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE, OR
> INABILITY TO USE, THE LICENSED SOFTWARE. ORIGINAL CONTRIBUTOR AND THE OTHER
> CONTRIBUTORS BEAR NO RESPONSIBILITY FOR CORRECTING THE LICENSED SOFTWARE,
> SUPPLYING ASSISTANCE FOR FIXING, OR FOR COMMUNICATING KNOWN ERRORS TO YOU
> PERTAINING TO THE LICENSED SOFTWARE FURNISHED HEREUNDER.
>
> ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS SHALL NOT BE HELD TO ANY
> LIABILITY WITH RESPECT TO ANY PATENT INFRINGEMENT OR ANY OTHER CLAIM MADE BY YOU
> OR ANY THIRD PARTY ON ACCOUNT OF, OR ARISING FROM THE USE OF, THE LICENSED
> SOFTWARE PROVIDED HEREUNDER.
>
> SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
> EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
> JURISDICTION TO JURISDICTION.
>
> 8.0 LIMITATION OF LIABILITY.
> UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
> TORT, CONTRACT, OR OTHERWISE, SHALL ORIGINAL CONTRIBUTOR AND/OR THE OTHER
> CONTRIBUTORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES OF ANY KIND
> INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
> CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER 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 THE
> ORIGINAL CONTRIBUTOR AND/OR ANY OTHER CONTRIBUTORS SHALL HAVE BEEN INFORMED OF
> THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
> FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
> INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT
> APPLY TO YOU. TO THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU
> AGREE THAT IN NO EVENT WILL ORIGINAL CONTRIBUTOR"S AND ALL OTHER CONTRIBUTORS"
> TOTAL LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS
> ($1000.00 US).
>
> 9.0 EXPORT CONTROL.
> You acknowledge that the Licensed Software hereunder is "publicly available" as the
> term is defined under the United States export administration regulations and is not subject to export control under
> such laws and regulations. However, if You modify the Licensed Software to change (or otherwise affect) such
> publicly available status You agree that You alone are responsible for compliance with the United States export
> administration regulations and hereby indemnify the Original Contributor and all other Contributors for any liability
> incurred as a result of Your actions which resulted in any change in the export status of the Licensed Software as
> furnished hereunder.
>
> 10.0 U.S. GOVERNMENT RIGHTS.
> You may only acquire the Licensed Software on behalf of, or for delivery
> to, any part of the United States Government, if the Licensed Software is treated as commercial computer software
> and licensed to the Government under the terms and conditions of this Agreement, pursuant to the policies stated in
> 48 C.F.R. Section 12.212 (October 1995) or 48 C.F.R. Section 227.7202 (June 1995), as applicable.
>
> 11.0 LICENSE VERSIONS.
> LUCENT, at its sole discretion, may from time to time publish a revised and/or new
> version of this Agreement (each such revised or new version shall carry a distinguishing version number) which
> shall govern all copies of Licensed Software downloaded after the posting of such revised or new version of this
> Agreement.
>
> 12.0 MISCELLANEOUS.
> This Agreement sets forth the entire agreement and understanding between the parties
> as to the subject matter hereof and merges all prior discussions between them. This Agreement shall be governed by
> the laws of the State of New York, USA, excluding its conflict of law provisions. The application of the United
> Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
> YOUR DOWNLOAD, INSTALLATION AND USE, MODIFICATION OR DISTRIBUTION OF THE LICENSED SOFTWARE IS
> EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. You further
> agree and acknowledge that by clicking on the "ACCEPT" button below, You shall have manifested acceptance to
> enter into this Agreement and shall be deemed to have manually signed and executed this Agreement making this an
> enforceable Agreement between the parties. If any provision of this Agreement is held to be unenforceable, such
> provision shall be reformed only to the extent necessary to make it enforceable.
> YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT
> BY CLICKING ON THE "ACCEPT" BUTTON BELOW AND INSTALLING/DOWNLOADING THE
> SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
>
> SPIN Software Public License " Version 1.0 " 05/15/01
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