Grammarsoft Public Licence 1.0
Hello there,
I'd like to package piece of software for Debian called VISL CG
(Constraint Grammar).
The licence file (see Appendix A.) is a bit strange, and although it
states it is derived from the MPL, I'd like to get an opinion as to if
it is a free-software licence or not (as defined by the DFSG).
A related issue would be that I would be interested if it is GPL
compatible, I have emailed the owners to this effect but have received
no reply as of a week. Would anyone on the list be able to tell me?
Many thanks for your time,
Francis Tyers
PS. I have enclosed the licence file below as it does not seem to be
readily downloadable outside the software.
==Appendix A==
GRAMMARSOFT PUBLIC LICENSE
Version 1.0
---------------
0. Origin of this license
This license has been derived from the Mozilla Public License for
use
with software developed by GrammarSoft and/or VISL, and refers thus
to
software unrelated to the Mozilla project. Though following the
general philosopy of the Mozilla Public Licence, the GrammarSoft
Public License (GSPL) contains terms that differ from the Mozilla
Public
License.
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to
the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original
Code, prior Modifications used by a Contributor, and the
Modifications
made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism
generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source
Code.
1.6. "Initial Developer" means the individual or entity identified
as the Initial Developer in the Source Code notice required by
Exhibit
A.
1.7. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this
License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files,
a
Modification is:
A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code" means Source Code of computer software code
which is described in the Source Code notice required by Exhibit A
as
Original Code, and which, at the time of its release under this
License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code
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, or source code
differential comparisons against either the Original Code or
another
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely
available
for no charge.
1.12. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of,
this
License or a future version of this License issued under Section
6.1.
For legal entities, "You" includes any entity which controls, is
controlled by, or is under common control with You. For purposes of
this definition, "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
(50%) of the outstanding shares or beneficial ownership of such
entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use, reproduce,
modify, display, perform, sublicense and distribute the
Original
Code (or portions thereof) with or without Modifications,
and/or
as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or
selling of Original Code, to make, have made, use, practice,
sell, and offer for sale, and/or otherwise dispose of the
Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date Initial Developer first distributes
Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code;
2)
separate from the Original Code; or 3) for infringements
caused
by: i) the modification of the Original Code or ii) the
combination of the Original Code with other software or
devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each
Contributor
hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor, to use, reproduce,
modify,
display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on an
unmodified basis, with other Modifications, as Covered Code
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either
alone
and/or in combination with its Contributor Version (or
portions
of such combination), to make, use, sell, offer for sale, have
made, and/or otherwise dispose of: 1) Modifications made by
that
Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first makes Commercial Use
of
the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license
is
granted: 1) for any code that Contributor has deleted from the
Contributor Version; 2) separate from the Contributor
Version;
3) for infringements caused by: i) third party modifications
of
Contributor Version or ii) the combination of Modifications
made
by that Contributor with other software (except as part of
the
Contributor Version) or other devices; or 4) under Patent
Claims
infringed by Covered Code in the absence of Modifications made
by
that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 2.2. 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 6.1, and You must include a
copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source
Code
version that alters or restricts the applicable version of this
License or the recipients' rights hereunder. However, You may
include
an additional document offering the additional rights described in
Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must
be
made available in Source Code form under the terms of this License
either on the same media as an Executable version or via an
accepted
Electronic Distribution Mechanism to anyone to whom you made an
Executable version available; and if made available via Electronic
Distribution Mechanism, must remain available for at least twelve
(12)
months after the date it initially became available, or at least
six
(6) months after a subsequent version of that particular
Modification
has been made available to such recipients. You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain
a
file documenting the changes You made to create that Covered Code
and
the date of any change. You must include a prominent statement that
the Modification is derived, directly or indirectly, from Original
Code provided by the Initial Developer and including the name of
the
Initial Developer in (a) the Source Code, and (b) in any notice in
an
Executable version or related documentation in which You describe
the
origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third
party's
intellectual property rights is required to exercise the
rights
granted by such Contributor under Sections 2.1 or 2.2,
Contributor must include a text file with the Source Code
distribution titled "LEGAL" which describes the claim and the
party making the claim in sufficient detail that a recipient
will
know whom to contact. If Contributor obtains such knowledge
after
the Modification is made available as described in Section
3.2,
Contributor shall promptly modify the LEGAL file in all copies
Contributor makes available thereafter and shall take other
steps
(such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered
Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application
programming
interface and Contributor has knowledge of patent licenses
which
are reasonably necessary to implement that API, Contributor
must
also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to
Section 3.4(a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed
by
this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the
Source
Code. If it is not possible to put such notice in a particular
Source
Code file due to its structure, then You must include such notice
in a
location (such as a relevant directory) where a user would be
likely
to look for such a notice. If You created one or more
Modification(s)
You may add your name as a Contributor to the notice described in
Exhibit A. You must also duplicate this License in any
documentation
for the Source Code where You describe recipients' rights or
ownership
rights relating to Covered Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Code. However, You
may do so only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely clear
than
any such warranty, support, indemnity or liability obligation is
offered by You alone, and You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered
Code,
and if You include a notice stating that the Source Code version of
the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously
included
in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating to the
Covered Code. You may distribute the Executable version of Covered
Code or ownership rights under a license of Your choice, which may
contain terms different from this License, provided that You are in
compliance with the terms of this License and that the license for
the
Executable version does not attempt to limit or alter the
recipient's
rights in the Source Code version from the rights set forth in this
License. If You distribute the Executable version under a different
license You must make it absolutely clear that any terms which
differ
from this License are offered by You alone, not by the Initial
Developer or any Contributor. You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred
by
the Initial Developer or such Contributor as a result of any such
terms You offer.
3.7. 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 such a case, You must make sure the
requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code 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 in the LEGAL file described in Section 3.4 and
must
be included with all distributions of the Source Code. Except to
the
extent prohibited by statute or regulation, such description must
be
sufficiently detailed for a recipient of ordinary skill to be able
to
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
GrammarSoft may publish revised and/or new versions of the
License from time to time. Each version will be given a
distinguishing
version number.
6.2. Effect of New Versions.
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. You may also choose to use such Covered Code under the
terms
of any subsequent version of the License published by GrammarSoft.
No one
other than GrammarSoft has the right to modify the terms applicable
to
Covered Code created under this License.
6.3. 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 which is not already Covered
Code
governed by this License), You must (a) rename Your license so that
the phrases "VISL", "GrammarSoft", "GSPL", or any confusingly
similar
phrase do not appear in your license (except to note that your
license
differs from this License) and (b) otherwise make it clear that
Your
version of the license contains terms which differ from the
GrammarSoft
Public License. (Filling in the name of the Initial Developer,
Original
Code or Contributor in the notice described in Exhibit A shall not
of
themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE 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 THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) 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.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to
cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this
License
shall survive.
8.2. If You initiate litigation by asserting a patent infringement
claim (excluding declatory judgment actions) against Initial
Developer
or a Contributor (the Initial Developer or Contributor against whom
You file such action is referred to as "Participant") alleging
that:
(a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate
prospectively,
unless if within 60 days after receipt of notice You either: (i)
agree in writing to pay Participant a mutually agreeable reasonable
royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to
the Contributor Version against such Participant. If within 60
days
of notice, a reasonable royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation
claim
is not withdrawn, the rights granted by Participant to You under
Sections 2.1 and/or 2.2 automatically terminate at the expiration
of
the 60 day notice period specified above.
(b) any software, hardware, or device, other than such
Participant's
Contributor Version, directly or indirectly infringes any patent,
then
any rights granted to You by such Participant under Sections 2.1(b)
and 2.2(b) are revoked effective as of the date You first made,
used,
sold, distributed, or had made, Modifications made by that
Participant.
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or
indirectly infringes any patent where such claim is resolved (such
as
by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or 2.2 shall be
taken
into account in determining the amount or value of any payment or
license.
8.4. In the event of termination under Sections 8.1 or 8.2 above,
all end user license agreements (excluding distributors and
resellers)
which have been validly granted by You or any distributor hereunder
prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER 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 SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
Danish law provisions.
11. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree
to
work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
12. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial
Developer permits you to utilize portions of the Covered Code under
Your choice of the GSPL or the alternative licenses, if any,
specified
by the Initial Developer in the file described in Exhibit A.
EXHIBIT A -GrammarSoft Public License.
``The contents of this file are subject to the GrammarSoft Public
License
Version 1.0 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License
at
http://www.grammarsoft.com/GSPL
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
the
License for the specific language governing rights and limitations
under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is
________________________.
Portions created by ______________________ are Copyright (C) ______
_______________________. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the
terms
of the _____ license (the "[___] License"), in which case the
provisions of [______] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [____] License and not to allow others to
use
your version of this file under the GSPL, indicate your decision by
deleting the provisions above and replace them with the notice
and
other provisions required by the [___] License. If you do not
delete
the provisions above, a recipient may use your version of this file
under either the GSPL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text
of
the notices in the Source Code files of the Original Code. You
should
use the text of this Exhibit A rather than the text found in the
Original Code Source Code for Your Modifications.]
Reply to: