License review request: LinuxMagic FSCL
Greetings,
I responded to an RFP[0] for packaging magic-smtpd[1], and need some
help on the legal side. I see 3 issues here:
1. The license[2], also included below, has not been reviewed by the
OSI, and is not used in any existing Debian package. The company
itself considers it "open source", but I feel I am not qualified to
make a determination.
2. The software is designed to replace certain components of qmail,
which is wholly non-free. Even if the license is clean, does this
make the software part of the non-free archive as well? I guess
theoretically you could write Free software that would interface with
magic-smtpd...
3. More of a technical packaging question, but as long as I'm here...
Since magic-smtpd basically requires qmail, and qmail technically
doesn't exist within Debian (you get the qmail-src package and run
build-qmail to build your own local qmail .deb), will having a
Depends: qmail (but it doesn't Build-Depends: qmail) be a problem to
the Debian package system? Would I have to Recommends: qmail instead?
Thank you for your time,
Ryan Finnie
[0] http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=296037
[1] http://www.linuxmagic.com/opensource/magicmail/magic-smtpd/
[2] http://www.linuxmagic.com/opensource/licensing/FSCL.txt
--
Our Free Source Code License
Version 1.0 - April 17, 2001
NOTE! Many of LinuxMagic's Software's are released under the GPL, or
Proprietary Licence, instead of this license (FSCL), so please read
the specific CopyRight Notice in each Software Package.
General Note: This License is in use to ensure that LinuxMagic Inc. or
Wizard Tower TechnoServices Ltd., the Copyright holder(s), maintain
some level of control over the modifications of the source code, and
it's use. In general, this copyright notice is used to ensure that
distribution is free, and the source code is made available to it's
users. For questions on our Licensing Policies, contact
sales@linuxmagic.com. or sales@wizard.ca. Parts of this License
created based on the Apple Public Software License.
--------------------------------------------------------------------------------------------------------
Please read this License carefully before downloading or using this
software. By downloading or using this software, you are agreeing to
be bound by the terms of this License. If you do not or cannot agree
to the terms of this License, please do not download or use the
software.
1. General; Definitions. This License applies to any program or other
work which LinuxMagic Inc. or Wizard Tower TechnoServices Ltd. ("THE
WIZARDS") make publicly available and which contain a notice placed by
"THE WIZARDS" identifying such program or work as "Original Code" and
stating that it is subject to the terms of this Free Source Code
License version 1.0 (or subsequent version thereof) ("License"). As
used in this License:
1.1 "Applicable Patent Rights" mean:
(a) in the case where THE WIZARDS are the grantor of rights,
(i) claims of patents that are now or hereafter acquired, owned by
or assigned to THE WIZARDS and
(ii) that cover subject matter contained in the Original Code, but
only to the extent necessary to use, reproduce and/or distribute the
Original Code without infringement; and
(b) in the case where You are the grantor of rights,
(i) claims of patents that are now or hereafter acquired, owned by
or assigned to You and
(ii) that cover subject matter in Your Modifications, taken alone
or in combination with Original Code.
1.2 "Contributor" means any person or entity that creates or
contributes to the creation of Modifications.
1.3 "Covered Code" means the Original Code, Modifications, the
combination of Original Code and any Modifications, and/or any
respective portions thereof.
1.4 "Deploy" means to use, sublicense or distribute Covered Code
other than for Your internal research and development (R&D) and/or
Personal Use, and includes without limitation, any and all internal
use or distribution of Covered Code within Your business or
organization except for R&D use and/or Personal Use, as well as direct
or indirect sublicensing or distribution of Covered Code by You to any
third party in any form or manner.
1.5 "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or
change to, the substance and/or structure of the Original Code, any
previous Modifications, the combination of Original Code and any
previous Modifications, and/or any respective portions thereof. When
code is released as a series of files, a Modification is: (a) any
addition to or deletion from the contents of a file containing Covered
Code; and/or (b) any new file or other representation of computer
program statements that contains any part of Covered Code.
1.7 "Original Code" means (a) the Source Code of a program or other
work as originally made available by THE WIZARDS under this License,
including the Source Code of any updates or upgrades to such programs
or works made available by THE WIZARDS under this License, and that
has been expressly identified by THE WIZARDS as such in the header
file(s) of such work; and (b) the object code compiled from such
Source Code and originally made available by THE WIZARDS under this
License.
1.8 "Personal Use" means use of Covered Code by an individual solely
for his or her personal, private and non-commercial purposes. An
individual's use of Covered Code in his or her 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.
1.9 "Source Code" means the human readable form of a program or other
work that is suitable 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
(object code).
1.10 "You" or "Your" means an individual or a legal entity exercising
rights under this License. For legal entities, "You" or "Your"
includes any entity which 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 fifty percent
(50%) or more of the outstanding shares or beneficial ownership of
such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and
conditions of this License, THE WIZARDS hereby grant You, effective on
the date You accept this License and download the Original Code, a
world-wide, royalty-free, non-exclusive license, to the extent of THE
WIZARDS's Applicable Patent Rights and copyrights covering the
Original Code, to do the following:
2.1 You may use, reproduce, display, perform, modify and distribute
Original Code, with or without Modifications, solely for Your internal
research and development and/or Personal Use, provided that in each
instance:
(a) You must retain and reproduce in all copies of Original Code the
copyright and other proprietary notices and disclaimers of THE WIZARDS
as they appear in the Original Code, and keep intact all notices in
the Original Code that refer to this License; and
(b) You must include a copy of this License with every copy of
Source Code of Covered Code and documentation You distribute, 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 6.
2.2 You may use, reproduce, display, perform, modify and Deploy
Covered Code, provided that in each instance:
(a) You must satisfy all the conditions of Section 2.1 with respect
to the Source Code of the Covered Code;
(b) You must duplicate, to the extent it does not already exist, the
notice in Exhibit A in each file of the Source Code of all Your
Modifications, and cause the modified files to carry prominent notices
stating that You changed the files and the date of any change;
(c) You must make Source Code of all Your Deployed Modifications
publicly available under the terms of this License, including the
license grants set forth in Section 3 below, for as long as you Deploy
the Covered Code or twelve (12) months from the date of initial
Deployment, whichever is longer. You should preferably distribute the
Source Code of Your Deployed Modifications electronically (e.g.
download from a web site); and
(d) if You Deploy Covered Code in object code, executable form only,
You must include a prominent notice, in the code itself as well as in
related documentation, stating that Source Code of the Covered Code is
available under the terms of this License with information on how and
where to obtain such Source Code.
2.3 You expressly acknowledge and agree that although THE WIZARDS and
each Contributor grants the licenses to their respective portions of
the Covered Code set forth herein, no assurances are provided by THE
WIZARDS or any Contributor that the Covered Code does not infringe the
patent or other intellectual property rights of any other entity. THE
WIZARDS and each Contributor disclaim 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. For
example, if a third party patent license is required to allow You to
distribute the Covered Code, it is Your responsibility to acquire that
license before distributing the Covered Code.
3. Your Grants. In consideration of, and as a condition to, the
licenses granted to You under this License:
(a) You hereby grant to THE WIZARDS and all third parties a
non-exclusive, royalty-free license, under Your Applicable Patent
Rights and other intellectual property rights (other than patent)
owned or controlled by You, to use, reproduce, display, perform,
modify, distribute and Deploy Your Modifications of the same scope and
extent as THE WIZARDS's licenses under Sections 2.1 and 2.2; and
(b) You hereby grant to THE WIZARDS and its subsidiaries a
non-exclusive, worldwide, royalty-free, perpetual and irrevocable
license, under Your Applicable Patent Rights and other intellectual
property rights (other than patent) owned or controlled by You, to
use, reproduce, display, perform, modify or have modified (for THE
WIZARDS and/or its subsidiaries), sublicense and distribute Your
Modifications, in any form, through multiple tiers of distribution.
4. 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 each such instance,
You must make sure the requirements of this License are fulfilled for
the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in
Section 2, no other patent rights, express or implied, are granted by
THE WIZARDS herein. Modifications and/or Larger Works may require
additional patent licenses from THE WIZARDS which THE WIZARDS may
grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations and/or other
rights consistent with the scope of the license granted herein
("Additional Terms") to one or more recipients of Covered Code.
However, You may do so only on Your own behalf and as Your sole
responsibility, and not on behalf of THE WIZARDS or any Contributor.
You must obtain the recipient's agreement that any such Additional
Terms are offered by You alone, and You hereby agree to indemnify,
defend and hold THE WIZARDS and every Contributor harmless for any
liability incurred by or claims asserted against THE WIZARDS or such
Contributor by reason of any such Additional Terms.
7. Versions of the License. THE WIZARDS may publish revised and/or new
versions of this License from time to time. Each version will be given
a distinguishing version number. Once Original Code has been published
under a particular version of this License, You may continue to use it
under the terms of that version. You may also choose to use such
Original Code under the terms of any subsequent version of this
License published by THE WIZARDS. No one other than THE WIZARDS has
the right to modify the terms applicable to Covered Code created under
this License.
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in
part pre-release, untested, or not fully tested works. The Covered
Code may contain errors that could cause failures or loss of data, and
may be incomplete or contain inaccuracies. You expressly acknowledge
and agree that use of the Covered Code, or any portion thereof, is at
Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND
WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND "THE WIZARDS"
AND "THE WIZARD"'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "THE
WIZARDS" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS
EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR
A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE WIZARDS AND EACH
CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT
OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE
WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED
CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY "THE WIZARDS", AN "THE WIZARDS" AUTHORIZED REPRESENTATIVE OR ANY
CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered
Code is not intended for use in the operation of nuclear facilities,
aircraft navigation, communication systems, or air traffic control
machines in which case the failure of the Covered Code could lead to
death, personal injury, or severe physical or environmental damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT SHALL "THE WIZARDS" OR ANY CONTRIBUTOR BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE
COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR
OTHERWISE, EVEN IF "THE WIZARDS" OR SUCH CONTRIBUTOR 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 shall "THE WIZARD"'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 ($50.00).
10. Trademarks. This License does not grant any rights to use the
trademarks or trade names "LinuxMagic", "Wizard IT Services", "Wizard
Tower TechnoServices" or any other trademarks or trade names belonging
to THE WIZARDS (collectively "Wizard Marks") or to any trademark or
trade name belonging to any Contributor. No Wizard Marks may be used
to endorse or promote products derived from the Original Code other
than as permitted by and in strict compliance at all times with THE
WIZARD's third party trademark usage guidelines which are available on
demand via email request to sales@wizard.ca.
11. Ownership. Subject to the licenses granted under this License,
each Contributor retains all rights, title and interest in and to any
Modifications made by such Contributor. THE WIZARDS retains all
rights, title and interest in and to the Original Code and any
Modifications made by or on behalf of THE WIZARDS ("Wizard
Modifications"), and such Wizard Modifications will not be
automatically subject to this License. THE WIZARDS may, at its sole
discretion, choose to license such Wizard Modifications under this
License, or on different terms from those contained in this License or
may choose not to license them at all.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will terminate:
(a) automatically without notice from THE WIZARDS if You fail to
comply with any term(s) of this License and fail to cure such breach
within 30 days of becoming aware of such breach;
(b) immediately in the event of the circumstances described in
Section 13.5(b); or
(c) automatically without notice from THE WIZARDS if You, at any
time during the term of this License, commence an action for patent
infringement against THE WIZARDS.
12.2 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. All
sublicenses to the Covered Code which have been properly granted prior
to termination shall survive any termination of this License.
Provisions which, by their nature, should remain in effect beyond the
termination of this License shall survive, including but not limited
to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable
to any other for compensation, indemnity or damages of any sort solely
as a result of terminating this License in accordance with its terms,
and termination of this License will be without prejudice to any other
right or remedy of any party.
13. Miscellaneous.
13.1 Government End Users. The Covered Code is a "commercial item" as
defined in FAR 2.101. Government software and technical data rights in
the Covered Code include only those rights customarily provided to the
public as defined in this License. This customary commercial license
in technical data and software is provided in accordance with FAR
12.211 (Technical Data) and 12.212 (Computer Software) and, for
Department of Defense purchases, DFAR 252.227-7015 (Technical Data --
Commercial Items) and 227.7202-3 (Rights in Commercial Computer
Software or Computer Software Documentation). Accordingly, all U.S.
Government End Users acquire Covered Code with only those rights set
forth herein.
13.2 Relationship of Parties. This License will not be construed as
creating an agency, partnership, joint venture or any other form of
legal association between or among You, THE WIZARDS or any
Contributor, and You will not represent to the contrary, whether
expressly, by implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair THE
WIZARDS's right to acquire, license, develop, have others develop for
it, market and/or distribute technology or products that perform the
same or similar functions as, or otherwise compete with,
Modifications, Larger Works, technology or products that You may
develop, produce, market or distribute.
13.4 Waiver; Construction. Failure by THE WIZARDS or any Contributor
to enforce any provision of this License will not be deemed a waiver
of future enforcement of that or any other provision. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent
jurisdiction finds any provision of this License, or portion thereof,
to be unenforceable, that provision of the License will be enforced to
the maximum extent permissible so as to effect the economic benefits
and intent of the parties, and the remainder of this License will
continue in full force and effect. (b) Notwithstanding the foregoing,
if applicable law prohibits or restricts You from fully and/or
specifically complying with Sections 2 and/or 3 or prevents the
enforceability of either of those Sections, this License will
immediately terminate and You must immediately discontinue any use of
the Covered Code and destroy all copies of it that are in your
possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution
between You and THE WIZARDS relating to this License shall take place
in the Province of British Columbia, and You and THE WIZARDS hereby
consent to the personal jurisdiction of, and venue in, the state and
federal courts within that Province with respect to this License. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the
entire agreement between the parties with respect to the subject
matter hereof. This License shall be governed by the laws of Canada
and the Provncie of British Columbia, except that body of British
Columbia law concerning conflicts of law. Where 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.
EXHIBIT A.
"Portions Copyright (c) 2000-2001 LinuxMagic Inc. All Rights Reserved.
"Portions Copyright (c) 2000-2001 Wizard Tower TechnoServices Ltd. All
Rights Reserved.
This file contains Original Code and/or Modifications of Original Code
as defined in and that are subject to the Free Source Code License
Version 1.0 (the 'License'). You may not use this file except in
compliance with the License. Please obtain a copy of the License at
http://www.linuxmagic.com/opensource/licensing/ and read it before
using this file.
The Original Code and all software distributed under the License are
distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, AND "THE WIZARDS" HEREBY DISCLAIMS ALL SUCH
WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR
NON-INFRINGEMENT. Please see the License for the specific language
governing rights and limitations under the License."
Please read the terms of this license carefully. By using or
downloading this software or file, you are accepting and agreeing to
the terms of this license with LinuxMagic, Inc. and/or Wizard Tower
TechnoServices Ltd. If you are agreeing to this license on behalf of a
company, you represent that you are authorized to bind the company to
such a license. If you do not meet this criterion or you do not agree
to any of the terms of this license, do NOT download, distribute, use
or alter this software or file in any way.
Reply to: