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Non-Profit Open Software License 3.0

It seems that the IETF Trust uses the "Non-Profit Open Software License
3.0" to license code written as work-for-hire under the auspices of the
IETF (presumably this applies to efforts like the IETF Tools Team).

The text of the license follows, as extracted from the PDF file linked
to from <http://trustee.ietf.org/licenses.html>.

Comments are welcome as to whether this license is DFSG-compliant.

****** BEGIN LICENSE ******

Non-Profit Open Software License ("Non-Profit OSL") 3.0

This Non-Profit Open Software License ("Non-Profit OSL") version 3.0
(the "License") applies to any original work of authorship (the
"Original Work") whose owner (the "Licensor") has placed the following
licensing notice adjacent to the copyright notice for the Original Work:

Licensed under the Non-Profit Open Software License version 3.0

1) Grant of Copyright License. Licensor grants You a worldwide,
royalty-free, non-exclusive, sublicensable license, for the duration of
the copyright, to do the following:

a) to reproduce the Original Work in copies, either alone or as part of
a collective work;

b) to translate, adapt, alter, transform, modify, or arrange the
Original Work, thereby creating derivative works ("Derivative Works")
based upon the Original Work;

c) to distribute or communicate copies of the Original Work and
Derivative Works to the public, with the proviso that copies of Original
Work or Derivative Works that You distribute or communicate shall be
licensed under this Non-Profit Open Software License or as provided in
section 17(d);

d) to perform the Original Work publicly; and

e) to display the Original Work publicly.

2) Grant of Patent License. Licensor grants You a worldwide,
royalty-free, non-exclusive, sublicensable license, under patent claims
owned or controlled by the Licensor that are embodied in the Original
Work as furnished by the Licensor, for the duration of the patents, to
make, use, sell, offer for sale, have made, and import the Original Work
and Derivative Works.

3) Grant of Source Code License. The term "Source Code" means the
preferred form of the Original Work for making modifications to it and
all available documentation describing how to modify the Original Work.
Licensor agrees to provide a machine-readable copy of the Source Code of
the Original Work along with each copy of the Original Work that
Licensor distributes. Licensor reserves the right to satisfy this
obligation by placing a machine-readable copy of the Source Code in an
information repository reasonably calculated to permit inexpensive and
convenient access by You for as long as Licensor continues to distribute
the Original Work.

4) Exclusions From License Grant. Neither the names of Licensor, nor the
names of any contributors to the Original Work, nor any of their
trademarks or service marks, may be used to endorse or promote products
derived from this Original Work without express prior permission of the
Licensor. Except as expressly stated herein, nothing in this License
grants any license to Licensor’s trademarks, copyrights, patents,
trade secrets or any other intellectual property. No patent license is
granted to make, use, sell, offer for sale, have made, or import
embodiments of any patent claims other than the licensed claims defined
in Section 2. No license is granted to the trademarks of Licensor even
if such marks are included in the Original Work. Nothing in this License
shall be interpreted to prohibit Licensor from licensing under terms
different from this License any Original Work that Licensor otherwise
would have a right to license.

5) External Deployment. The term "External Deployment" means the use,
distribution, or communication of the Original Work or Derivative Works
in any way such that the Original Work or Derivative Works may be used
by anyone other than You, whether those works are distributed or
communicated to those persons or made available as an application
intended for use over a network. As an express condition for the grants
of license hereunder, You must treat any External Deployment by You of
the Original Work or a Derivative Work as a distribution under section

6) Attribution Rights. You must retain, in the Source Code of any
Derivative Works that You create, all copyright, patent, or trademark
notices from the Source Code of the Original Work, as well as any
notices of licensing and any descriptive text identified therein as an
"Attribution Notice." You must cause the Source Code for any Derivative
Works that You create to carry a prominent Attribution Notice reasonably
calculated to inform recipients that You have modified the Original Work.

7) Warranty of Provenance and Disclaimer of Warranty. The Original Work
is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY,
either express or implied, including, without limitation, the warranties
of non-infringement, merchantability or fitness for a particular
YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this
License. No license to the Original Work is granted by this License
except under this disclaimer.

8) Limitation of Liability. Under no circumstances and under no legal
theory, whether in tort (including negligence), contract, or otherwise,
shall the Licensor be liable to anyone for any direct, indirect,
special, incidental, or consequential damages of any character arising
as a result of this License or the use of the Original Work including,
without limitation, damages for loss of goodwill, work stoppage,
computer failure or malfunction, or any and all other commercial damages
or losses. This limitation of liability shall not apply to the extent
applicable law prohibits such limitation.

9) Acceptance and Termination. If, at any time, You expressly assented
to this License, that assent indicates your clear and irrevocable
acceptance of this License and all of its terms and conditions. If You
distribute or communicate copies of the Original Work or a Derivative
Work, You must make a reasonable effort under the circumstances to
obtain the express assent of recipients to the terms of this License.
This License conditions your rights to undertake the activities listed
in Section 1, including your right to create Derivative Works based upon
the Original Work, and doing so without honoring these terms and
conditions is prohibited by copyright law and international treaty.
Nothing in this License is intended to affect copyright exceptions and
limitations (including "fair use" or "fair dealing"). This License shall
terminate immediately and You may no longer exercise any of the rights
granted to You by this License upon your failure to honor the conditions
in Section 1(c).

10) Termination for Patent Action. This License shall terminate
automatically and You may no longer exercise any of the rights granted
to You by this License as of the date You commence an action, including
a cross-claim or counterclaim, against Licensor or any licensee alleging
that the Original Work infringes a patent. This termination provision
shall not apply for an action alleging patent infringement by
combinations of the Original Work with other software or hardware.

11) Jurisdiction, Venue and Governing Law. Any action or suit relating
to this License may be brought only in the courts of a jurisdiction
wherein the Licensor resides or in which Licensor conducts its primary
business, and under the laws of that jurisdiction excluding its
conflict-of-law provisions. The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly
excluded. Any use of the Original Work outside the scope of this License
or after its termination shall be subject to the requirements and
penalties of copyright or patent law in the appropriate jurisdiction.
This section shall survive the termination of this License.

12) Attorneys’ Fees. In any action to enforce the terms of this
License or seeking damages relating thereto, the prevailing party shall
be entitled to recover its costs and expenses, including, without
limitation, reasonable attorneys' fees and costs incurred in connection
with such action, including any appeal of such action. This section
shall survive the termination of this License.

13) Miscellaneous. 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.

14) Definition of "You" in This License. "You" throughout this License,
whether in upper or lower case, means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License. For legal entities, "You" includes any entity that controls, is
controlled by, or is under common control with you. 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
outstanding shares, or (iii) beneficial ownership of such entity.

15) Right to Use. You may use the Original Work in all ways not
otherwise restricted or conditioned by this License or by law, and
Licensor promises not to interfere with or be responsible for such uses
by You.

16) Modification of This License. This License is Copyright © 2005
Lawrence Rosen.  Permission is granted to copy, distribute, or
communicate this License without modification. Nothing in this License
permits You to modify this License as applied to the Original Work or to
Derivative Works. However, You may modify the text of this License and
copy, distribute or communicate your modified version (the "Modified
License") and apply it to other original works of authorship subject to
the following conditions: (i) You may not indicate in any way that your
Modified License is the "Open Software License" or "OSL" and you may not
use those names in the name of your Modified License; (ii) You must
replace the notice specified in the first paragraph above with the
notice "Licensed under <insert your license name here>" or with a notice
of your own that is not confusingly similar to the notice in this
License; and (iii) You may not claim that your original works are open
source software unless your Modified License has been approved by Open
Source Initiative (OSI) and You comply with its license review and
certification process.

17) Non-Profit Amendment. The name of this amended version of the Open
Software License ("OSL 3.0") is "Non-Profit Open Software License 3.0".
The original OSL 3.0 license has been amended as follows:

(a) Licensor represents and declares that it is a not-for-profit
organization that derives no revenue whatsoever from the distribution of
the Original Work or Derivative Works thereof, or from support or
services relating thereto.

(b) The first sentence of Section 7 ["Warranty of Provenance"] of OSL
3.0 has been stricken. For Original Works licensed under this Non-Profit

(c) In the first sentence of Section 8 ["Limitation of Liability"] of
this Non-Profit OSL 3.0, the list of damages for which LIABILITY IS
LIMITED now includes "direct" damages.

(d) The proviso in Section 1(c) of this License now refers to this
"Non-Profit Open Software License" rather than the "Open Software
License". You may distribute or communicate the Original Work or
Derivative Works thereof under this Non-Profit OSL 3.0 license only if
You make the representation and declaration in paragraph (a) of this
Section 17. Otherwise, You shall distribute or communicate the Original
Work or Derivative Works thereof only under the OSL 3.0 license and You
shall publish clear licensing notices so stating. Also by way of
clarification, this License does not authorize You to distribute or
communicate works under this Non-Profit OSL 3.0 if You received them
under the original OSL 3.0 license.

(e) Original Works licensed under this license shall reference
"Non-Profit OSL 3.0" in licensing notices to distinguish them from works
licensed under the original OSL 3.0 license.

****** END LICENSE ******

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