Global IP Sound iLBC Public License, v2.0 - IETF Version
Hello -legal,
I would like to read your comments about the "Global IP Sound iLBC Public
License, v2.0 - IETF Version - Limited Commercial Use" [1] [2].
Please also see the ftpmaster references at #319201. I think we can make it
without that library licensed under iLBC, but it would be good to known if it
is DFSG-clean for further references since more voip software could try to
use it.
Sounds non-free to me since it limits the commercial use at least.
Please advise.
[1] http://ilbcfreeware.org/documentation/gips_iLBClicense.pdf
[2] Global IP Sound iLBC Public License, v2.0 IETF Version - Limited
Commercial Use
PLEASE READ THIS LICENSE AGREEMENT. This is a legal agreement (“License”)
between any user (“You”) and Global IP Sound Inc. (“GIPS”). By using the
software, you agree to the following terms and conditions. You are also asked
to sign and return the attached acknowledgment of this agreement or accept a
“popup” license in a form that registers Your use with GIPS. The Original
Code is licensed by GIPS for use only on the terms of this License.
1 DEFINITIONS.
1.1 “Covered Code” means any of the Original Code, alone or in combination
with Modifications.
1.2 “Deploy” means any use, licensing, or distribution of Covered Code other
than for Personal Use.
1.3 “Executable” means Covered Code in any form other than Source Code.
1.4 “GIPS” means Global IP Sound Inc. and its officers, directors, employees,
agents, subsidiaries and affiliates.
1.5 “IETF Standard” means the iLBC standard as submitted by GIPS to the
Internet Engineering Task Force (IETF), including all draft and other
intermediate documents filed with the IETF during the standards process. The
current IETF RFC standard is available at http://www.ietf.org/rfc/rfc3951.txt
plus http://www.ietf.org/rfc/rfc3952.txt.
1.6 “Larger Work” means a work that combines any Covered Code with code not
governed by the terms of this License.
1.7 “Modification” means any change, addition to, or deletion from the
substance or structure of the Original Code, previous Modifications, or
combinations of Original Code and previous Modifications.
1.8 “Original Code” means (a) the iLBC Source Code, including code made
available by GIPS in an IETF iLBC draft, originally made available by GIPS
under this License, including any updates or upgrades to such programs or
works made available by GIPS under this License; (b) the object code compiled
from such Source Code; and (c) related documentation.
1.9 “Patent Rights” means, where GIPS is the grantor of rights, claims of
patents that are now or hereafter acquired, owned by, or assigned to GIPS
that cover subject matter contained in the Original Code, but only to the
extent necessary to use, reproduce, or distribute the Original Code without
infringement.
1.10 “Personal Use” means use of Covered Code by an individual solely for
personal, private, and non-commercial purposes. Use of Covered Code in an
individual’s capacity as an officer, employee, member, independent
contractor, or agent of a corporation, business, or organization (commercial
or non-commercial) does not qualify as Personal Use.
1.11 “Source Code” means the human-readable or other preferred form for making
modifications to Covered Code, including all modules it contains; associated
interface definition files; and scripts used to control compilation and
installation of an Executable.
ilbc-v20-041209.doc
1.12 “You” (or “Your”) means an individual or legal entity exercising rights
under this License. For legal entities, “You” includes any entity that
controls, is controlled by, or is under common control with You, where
“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 of the outstanding shares or beneficial ownership
of such entity.
2 PERMITTED USES, CONDITIONS, AND RESTRICTIONS.
2.1 Grant. Subject to the terms and conditions of this License, GIPS hereby
grants You the following worldwide, royalty-free, non-exclusive license,
subject to third party intellectual property claims, to the extent of GIPS’s
applicable Patent Rights and copyrights covering the Original Code:
(A) Personal Use: You may use, reproduce, display, perform, modify and
distribute Original Code, with or without Modifications, solely for Your
Personal Use; but you must retain and reproduce in all copies of Covered Code
and documentation (i) the copyright and other proprietary notices and
disclaimers of GIPS as they appear in the Original Code, (ii) all notices
that refer to this License, (iii) the notice and acknowledgment in Appendix A
in each file of the Source Code or in a location (such as a relevant
directory) where a user would be likely to look for such a notice, and (iv)
this License; and You may not offer or impose any terms on such Source Code
that alter or restrict this License or the recipients’ rights hereunder,
except as permitted under Section 3.2.
(B) Deployment: You may use, reproduce, display, perform, modify, and Deploy
Covered Code, provided that
1. You must satisfy all the conditions of Section 2.1(A), and
2. Covered Code may be Deployed only in compliance with the then-applicable
IETF Standard, and Modifications must not change the format of the bitstream.
(C) You may create a Larger Work by combining Covered Code with other code and
distribute the Larger Work as a single product; but You must ensure that the
requirements of this License, including Section 2.1(B)(2), are fulfilled.
2.2 Application Of License To Modifications. The Modifications that You create
or to which You contribute are governed by the terms of this License. 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
2.6, and You must include a copy of this License with every copy of the
Source Code You distribute. However, You may include an additional document
offering the additional rights described in Section 3.2.
2.3 Limitations. Except as expressly stated in Section 2.1, no other rights
(including patent rights), express or implied, are granted by GIPS.
Modifications and Larger Works of GIPS may require additional patent and
other licenses from GIPS which GIPS may grant in its sole discretion. You
expressly acknowledge and agree that no assurances are provided by GIPS that
the Covered Code does not infringe the patent or other intellectual property
rights of any other entity, and GIPS disclaims any liability to You for
claims brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the rights and
licenses granted hereunder, You hereby assume sole responsibility to secure
any other intellectual property rights needed, if any.
2.4 Registration. You must register Your Deployment (non-personal) use of the
Original Code and acceptance of this License by completing Appendix A and
returning it to GIPS as indicated (or providing equivalent information to
GIPS).
2.5 Your Grants. In consideration of and as a condition to the licenses
granted to You, You hereby grant to GIPS, under Your applicable patent and
other intellectual property rights, an unrestricted, non-exclusive,
worldwide, royalty-free, perpetual, and irrevocable license to (a) Your
Modifications and (b) any error reports or other feedback you provide to GIPS
regarding the Original Code.
2.6 New Versions. GIPS may publish revised or new versions of the License.
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,
or You may choose to use such Covered Code under the terms of any subsequent
version of the License published by GIPS. No one other than GIPS has the
right to modify the terms applicable to Covered Code created under this
License. The current version of this License will be posted at
www.globalipsound.com/legal/licenses/ilbcfreeware.
2.7 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 that is not already
Covered Code governed by this License), You must (a) rename the license and
(b) otherwise make it clear that Your version of the license contains terms
which differ from this License.
3 OBLIGATIONS REGARDING DISTRIBUTION.
3.1 Distribution of Executable Versions. You may distribute Covered Code in
Executable form only if the requirements of Section 2.1 above have been met;
in addition You must conspicuously set forth, in documentation or collateral
in which You describe recipients' rights in any Executable version, a notice
stating that the Source Code version of the Original Code is available under
the terms of this License.
ilbc-v20-041209.doc
3.2 Your Distribution License. You may choose to offer, and to charge a fee
for, warranty, support, indemnity, or liability obligations and other rights
consistent with the scope of this License (“Additional Terms”) to recipients
of Covered Code, provided, however, that: (a) You may do so only on Your own
behalf and as Your sole responsibility, and not on behalf of GIPS; (b) You
must make it absolutely clear that Additional Terms are offered by You alone,
and not by GIPS; and (c) the license may not limit or alter the recipient's
rights in Original Code version from the rights set forth in this License.
You hereby agree to defend and indemnify GIPS regarding any claims asserted
against GIPS relating to any Additional Terms.
4 NO WARRANTY OR SUPPORT.
COVERED CODE IS PROVIDED UNDER THIS LICENSE “AS IS” AND WITHOUT WARRANTY OF
ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES
THAT 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 GIPS) 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.
The Covered Code may be incomplete; contain pre-release, untested, or
not-fully-tested works; and may contain errors that could cause failures or
loss of data. You expressly acknowledge and agree that use of any Covered
Code is at Your sole and entire risk. No upgrades or support are provided
under this License.
5 LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT IS GIPS OR ANY OF ITS
SUPPLIERS LIABLE UNDER ANY LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
CONTRACT, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING
OUT OF OR RELATING TO THIS LICENSE OR THE USE OR INABILITY TO USE THE COVERED
CODE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF USE, LOST
DATA, LOST PROFITS, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF GIPS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU. IN NO EVENT DOES GIPS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES
(OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) UNDER THIS LICENSE EXCEED
THE AMOUNT OF FIFTY DOLLARS (US$50.00).
6 TRADEMARKS.
This License does not grant any right or license to use the trademarks or
trade names “Global IP Sound”, “GIPS”, “iLBC”, “SoundWare”, or any other GIPS
trademarks, trade names, design marks, or logos (collectively, “GIPS Marks”),
except that “iLBC” may be used in reference to the IETF Standard. No GIPS
Marks may be used to endorse or promote products derived from the Original
Code other than as permitted by and in strict compliance with GIPS's
trademark usage guidelines.
7 OWNERSHIP.
GIPS retains all interests in the Original Code and any Modifications made by
or on behalf of GIPS (“GIPS Modifications”). GIPS Modifications are not
automatically subject to this License; GIPS may, at its sole discretion,
choose to license such GIPS Modifications under this License or on different
terms from those contained in this License, or may choose not to license
them.
8 TERMINATION.
8.1 This License terminates automatically if You fail to comply with its terms
and fail to cure such breach within 28 days of becoming aware of the breach.
8.2 If You initiate a patent infringement claim (excluding declaratory
judgment actions) against GIPS alleging that the Original Code or any GIPS
Modification directly or indirectly infringes any patent, then any rights
granted to You under this License terminate upon 60 days notice from GIPS
unless You either (i) agree in writing to pay GIPS a mutually agreeable
reasonable royalty for Your past and future use of Original Code and GIPS
Modifications or (ii) withdraw Your litigation claim.
8.3 Effect of Termination. Upon termination, You agree to immediately stop any
further use, reproduction, modification, sublicensing, and distribution of
the Covered Code, and to destroy all copies of the Covered Code that are in
Your possession or control. Provisions that by their nature should remain in
effect beyond the termination of this License, including but not limited to
2.2 “Limitations On Patent License”, 2.5 “Your Grant”, 4 “No Warranty Or
Support”, 5 “Limitation Of Liability”, 7 “Ownership”, 8.3 “Effect Of
Termination”, 10.2 “Independent Development”, and other applicable provisions
of Article 10, survive its termination. All end user license agreements to
the Covered Code (excluding distributors and resellers), if validly granted
prior to termination, survive any termination of this License. No party is
liable to any other for compensation, indemnity, ilbc-v20-041209.doc
or damages of any sort solely as a result of terminating this License in
accordance with its terms, and termination of this License is without
prejudice to any other right or remedy of any party.
9 U.S. GOVERNMENT END USERS.
The Covered Code is a “commercial item”, as that term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of “commercial computer software” and
“commercial computer software documentation”, as such terms are used in 48
C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users
acquire Covered Code with only those rights set forth in this License.
10 MISCELLANEOUS.
10.1 Relationship. This License may not be construed as creating an agency,
partnership, joint venture, or any other legal association between You and
GIPS, and You may not represent to the contrary, whether expressly, by
implication, or otherwise.
10.2 Inability To Comply. If it is impossible for You to comply with any term
of this License 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 with all distributions of Source Code, and should be sufficiently
detailed for a recipient of ordinary skill to be able to understand it.
10.3 Independent Development. Nothing in this License impairs GIPS's right to
acquire, license, develop, have others develop for it, market, or distribute
technology or products that perform the same or similar functions as, or
otherwise compete with, Original Code, Covered Code, Modifications, Larger
Works, or technology or products You may develop, produce, market, or
distribute.
10.4 Waiver; Construction. Failure by GIPS to enforce any provision of this
License may not be deemed a waiver of future enforcement of that or any other
provision. Any law or regulation that provides that the language of a
contract is construed against the drafter does not apply to this License.
10.5 Severability. If any provision of this License is unenforceable, that
provision will be enforced to the maximum extent permissible and reformed
only to the extent necessary to make it enforceable so as to effect the
intent of the parties, and the remainder of this License continues in full
force and effect. Notwithstanding the foregoing, if You are unable to comply
fully with Section 2.1 or 2.5, this License terminates immediately and You
must immediately discontinue any use of the Covered Code and destroy all
copies of it that are in Your possession or control.
10.6 Dispute Resolution; Governing Law. This License is governed by the laws
of the United States and the State of California. Choice of law rules do not
apply, regardless of jurisdiction. Any litigation relating to this License is
subject to the jurisdiction of the Federal Courts of the Northern District of
California, with venue in San Francisco County, California, and You and GIPS
hereby consent to personal jurisdiction and venue therein with respect to
this License. Application of the United Nations Convention On Contracts For
The International Sale Of Goods is expressly excluded. The losing party in
any litigation is responsible for all costs, reasonable attorneys' fees, and
expenses.
10.7 Entire Agreement. This License is the parties’ entire agreement with
respect to its subject matter.
10.8 If You are located in the province of Quebec, Canada, the following
clause applies: The parties hereby confirm that they have requested that this
License and all related documents be drafted in English. Les parties ont
exigé que le présent contrat et tous les documents connexes soient rédigés en
anglais.
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pub 4096R/0E4BD0AB 2003-03-18 <people.fccf.net/danchev/key pgp.mit.edu>
fingerprint 1AE7 7C66 0A26 5BFF DF22 5D55 1C57 0C89 0E4B D0AB
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