On Sun, 28 Jun 2009 20:20:25 +0200 Samuel Thibault wrote:
> Hello,
>
> I would like to package a software which includes some dtd modules
> licensed under the MusicXML 2.0 license [1]. It looks like a free
> license, but something catched my attention:
>
> `No one other than Recordare LLC has the right to modify this
> Agreement.'
>
> which I understand as not allowing re-licensing.
IMHO, the problem here is DFSG-freeness and GPL-compatibility or lack
thereof (as long as we actually need GPL-compatibility in this case,
I'll leave to others the discussion of this aspect), rather than
re-licensing permission.
[...]
> Samuel
> [1]: http://www.recordare.com/dtds/license.html
The full text of the license is quoted below.
It was obtained with the following command:
$ w3m -cols 70 -dump http://www.recordare.com/dtds/license.html
and a bit of hand editing (to get rid of the menu and the leading white
space).
MusicXML™ Document Type Definition Public License Version 2.0
This MusicXML™ work (including software, documents, or other related
items) is being provided by the Copyright Holder under the following
license. By obtaining, using and/or copying this work, each
Contributor and Recipient (hereinafter, collectively known as
"Licensee") agree that he/she has read, understood, and will comply
with the following terms and conditions:
A. DEFINITIONS
"Copyright Holder" means Recordare LLC.
"Contribution" means:
1. in the case of Recordare LLC, the Original Program, and
2. in the case of each Contributor,
a. changes to the Program, and
b. additions to the Program;
where such changes and/or additions to the Program originate from
and are distributed by that particular Contributor. A Contribution
'originates' from a Contributor if it was added to the Program by
such Contributor itself or anyone acting on such Contributor's
behalf. Contributions do not include additions to the Program
which: (i) are separate modules of software distributed in
conjunction with the Program under their own license agreement,
and (ii) are not derivative works of the Program.
"Contributor" means Recordare LLC and any other entity that
distributes the Program.
"MusicXML™ Mark" means the MusicXML™ trademark owned by Recordare LLC.
"Original Program" means the original version of the software
accompanying this Agreement as released by Recordare LLC, including
source code, object code and documentation, if any.
"Program" means the Original Program and Contributions.
"Recipient" means anyone who receives the Program under this
Agreement, including all Contributors.
B. GRANT OF RIGHTS
Permission to use, copy, modify, and distribute the Program, with or
without modification, for any purpose and without fee or royalty is
hereby granted, provided that each Recipient include the following on
ALL copies of the Program or portions thereof, including
modifications, that he/she make:
1. The full text of this License in a location viewable to users of
the redistributed or derivative work.
2. Any pre-existing intellectual property disclaimers, notices, or
terms and conditions. If none exist, a short notice of the
following form (hypertext is preferred, text is permitted) should
be used within the body of any redistributed or derivative code:
"© Recordare LLC. All rights reserved. http://www.recordare.com";
3. Notice of any changes or modifications to the MusicXML™ files,
including the date changes were made. (We recommend you provide
URLs to the location from which the code is derived.)
In addition, creators of derivative works must include the full text
of this License in a location viewable to users of the derivative
work.
Title to copyright in the Program will at all times remain with
Copyright Holder.
C. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
PROVIDED ON AN "AS IS" BASIS, AND COPYRIGHT HOLDER MAKES NO WARRANTIES
OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Each Recipient is solely responsible for determining the
appropriateness of using and distributing the Program and assumes all
risks associated with its exercise of rights under this Agreement,
including but not limited to the risks and costs of program errors,
compliance with applicable laws, damage to or loss of data, programs
or equipment, and unavailability or interruption of operations.
D. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER COPYRIGHT
HOLDER NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
E. TRADEMARK
1. The MusicXML™ Mark (or a derivative Mark, such as MusicXML™ Plus)
may not be used to identify any product or service not originating
from or licensed by Copyright Holder without specific, written prior
permission. However, it is acceptable for a Contributor product or
service to be described as being MusicXML™-compatible, assuming that
the claim is true in Copyright Holder’s reasonable judgment.
2. This License does not grant any rights to use any other trademarks
owned by Copyright Holder, including without limitation "Recordare®",
"Dolet®", and "In the Beginning Was the Note®", even if such marks are
included in the Program. For purposes of clarification and the
avoidance of doubt, the trademarks "Recordare®", "Dolet®", and "In the
Beginning Was the Note®" must not be used to endorse or promote
Contributor versions of the Program without the prior written
permission of Copyright Holder.
3. All rights not expressly granted herein by Copyright Holder with
respect to the MusicXML™ Mark or any other trademarks owned by
Copyright Holder are reserved by and to Copyright Holder.
F. GENERAL
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further
action by the parties hereto, such provision shall be reformed to the
minimum extent necessary to make such provision valid and enforceable.
All Recipient's rights under this Agreement shall terminate if it
fails to comply with any of the material terms or conditions of this
Agreement and does not cure such failure in a reasonable period of
time after becoming aware of such noncompliance. If all Recipient's
rights under this Agreement terminate, Recipient agrees to cease use
and distribution of the Program as soon as reasonably practicable.
However, Recipient's obligations under this Agreement and any licenses
granted by Recipient relating to the Program shall continue and
survive.
Recordare LLC may publish new versions (including revisions) of this
Agreement from time to time. Each new version of the Agreement will be
given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of the
Agreement under which it was received. In addition, after a new
version of the Agreement is published, Contributor may elect to
distribute the Program (including its Contributions) under the new
version. No one other than Recordare LLC has the right to modify this
Agreement. Except as expressly stated in Sections B and E above,
Recipient receives no rights or licenses to the intellectual property
of any Contributor under this Agreement, whether expressly, by
implication, estoppel or otherwise. All rights in the Program not
expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of California and
the intellectual property laws of the United States of America.
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
License Version 1.02 - License Version 1.01
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Copyright © 2004-2007 Recordare LLC.
Last updated June 19, 2007.
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..................................................... Francesco Poli .
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