Re: ISDA CDS Standard Model Public Licence v0.1
Guillaume Yziquel <guillaume.yziquel@citycable.ch> writes:
> I've noticed a software with a custom licence.
Which software work is that?
> Seems to roughly adhere to DFSG (section 4 and 6 may not...):
>
> http://www.cdsmodel.com/cdsmodel/cds-disclaimer.page
For reference in this thread, here is the text of the license found at
that URL at the current time:
=====
ISDA CDS Standard Model Public Licence
Version 1.0
1. Definitions.
(a)"Licensor" means International Swaps and Derivatives Association,
Inc. ("ISDA").
(b) "ISDA CDS Standard Model" means the ISDA CDS Standard Model software
code available for download at http://www.isda.org/
(c)"Derivative Work" means a work, including but not limited to Source
Code or object code, that includes or is based on ISDA CDS Standard
Model, or portions thereof, together with material not governed by the
terms of this License.
(e) "License" means this document.
(f) "Source Code" means the preferred form of the ISDA CDS Standard
Model for making modifications to it and all available documentation
describing how to modify the ISDA CDS Standard Model.
(g) "You" 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 Paragraph 7. 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 fifty
percent (50%) or more of the outstanding shares or beneficial ownership
of such entity.
2. License.
Licensor hereby grants You a world-wide, royalty-free, non-exclusive
sublicensable license, subject to third party intellectual property
claims,
a) to reproduce the ISDA CDS Standard Model in copies;
b) to distribute and publicly display the ISDA CDS Standard Model;
c) to use and authorize the use of the ISDA CDS Standard Model, with the
proviso that copies of ISDA CDS Standard Model that you distribute for
use by others shall be licensed under this License;
d) to translate, adapt, alter, transform, modify, or arrange the ISDA
CDS Standard Model, thereby creating derivative works ("Derivative
Works") based upon the ISDA CDS Standard Model; providing that Your
Derivative Works shall comply in all respects with the provisions of
Section 4 below; and
e) to distribute or communicate copies of Your Derivative Works to the
public under a license of Your choice, which may contain terms different
from this License, provided that the license for Your Derivative Works
does not attempt to limit the licensee's rights to use the ISDA CDS
Standard Model apart from Your Derivative Work.
3. Exclusions From License Grant.
Neither the names of Licensor, nor the names of any contributors to the
ISDA CDS Standard Model, nor any of their trademarks or service marks,
may be used to endorse or promote products derived from the ISDA CDS
Standard Model 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.
4. Attribution Rights.
(a) You must retain in their original locations, in any copies of the
ISDA CDS Standard Model,
(i) the product name and version number appearing therein (e.g., "ISDA
CDS Standard Model Version 1.0"); and
(ii) all copyright, patent, or trademark notices from the Source Code of
the ISDA CDS Standard Model, as well as any notices of licensing and any
descriptive text identified therein as an "Attribution Notice."
(b) For Source Code and executable versions of any Derivative Works that
You create for external use to your organization, the following notice
must be provided at the top level (e.g. main screen of an application)
"This application is based on the ISDA CDS Standard Model (version x.x),
developed and supported in collaboration with Markit Group Ltd." where
"x.x" refers to the version of the ISDA CDS Standard Model on which Your
Derivative Work is based. It is understood that a work that includes
data derived from calculations that have been attained by using the ISDA
CDS Standard Model, and is not Source Code or an executable version of
any Derivative Work that You may create for external use to your
organization, shall not be subject to the provisions of this Section.
5. Use of Designation "ISDA".
(a) You may use the designation "ISDA":
(i) to identify the ISDA CDS Standard Model approved by Licensor; and
(ii) to make the truthful claim that computer software or any other
product or service is based on or compliant with a specified version of
ISDA CDS Standard Model.
(b) You agree not to use the designation "ISDA" in a misleading or
untruthful way, or in a way that falsely suggests endorsement or
sponsorship by, or affiliation with, Licensor. Without limiting the
generality of the foregoing sentence, You agree not to use the
designation "ISDA", or any confusingly similar designation:
(i) to identify any software, algorithm or method other than the ISDA
CDS Standard Model approved by Licensor, or any Derivative Works, unless
additions or modifications to the ISDA CDS Standard Model are clearly
and conspicuously identified as such;
(ii) to advertise or promote any computer software or any other product
or service as based on or compliant with ISDA CDS Standard Model, unless
You specify the version of ISDA CDS Standard Model; or
(iii) as a trademark or part of a trademark for any software or any
other product, or as a service mark or part of a service mark for any
service.
6. Indemnity for Use of ISDA CDS Standard Model in Derivative Works.
You hereby agree to indemnify Licensor for any liability incurred by the
Licensor as a result of the distribution, purchase, sale or use of Your
Derivative Work.
7. Revisions of the License.
(a) Licensor may publish revised and/or new versions of the License from
time to time. Each version will be given a distinguishing version
number.
(b) Once You have used the ISDA CDS Standard Model under a particular
version of the License, You may always continue to use the ISDA CDS
Standard Model under the terms of that version. You may also choose to
use the ISDA CDS Standard Model under the terms of any subsequent
version of the License published by Licensor. No one other than Licensor
has the right to modify the terms applicable to the ISDA CDS Standard
Model under this License.
8. DISCLAIMER OF WARRANTY.
THE ISDA CDS STANDARD MODEL 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 ISDA CDS STANDARD
MODEL IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
ISDA CDS STANDARD MODEL IS WITH YOU. SHOULD THE ISDA CDS STANDARD MODEL
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE LICENSOR) 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 OF
THE ISDA CDS STANDARD MODEL IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
9. Acceptance and Termination.
(a) Except as provided in subparagraph (b) of this Paragraph, 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.
(b) 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 ISDA CDS Standard Model 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 2, including your
right to create Derivative Works based upon the ISDA CDS Standard Model,
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 this License.
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 ISDA CDS Standard Model or a
Derivative Work infringes a patent. This termination provision shall not
apply for an action alleging patent infringement by combinations of the
ISDA CDS Standard Model or a Derivative Work with other software or
hardware.
11. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT(INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY OF ITS
MEMBERS, OR ANY DISTRIBUTOR OF DOCUMENTS OR SOFTWARE CONTAINING ANY OF
THE ISDA CDS STANDARD MODEL, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
LIABLE TO YOU OR ANY OTHER 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 THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
12. 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 New York law provisions
(except to the extent applicable law, if any, provides otherwise),
excluding its conflict-of-law provisions. With respect to disputes in
which at least one party is a citizen of, or an entity chartered or
registered to do business in, the United States of America: (a) unless
otherwise agreed in writing, all disputes relating to this
License(excepting any dispute relating to intellectual property rights)
shall be subject to final and binding arbitration, with the losing party
paying all costs of arbitration; (b) any arbitration relating to this
Agreement shall be held in New York City, under the auspices of JAMS/End
Dispute; and (c) any litigation relating to this agreement shall be
subject to the jurisdiction of the Federal Courts of the Southern
District of New York, with venue lying in New York County, with the
losing party responsible for costs, including without limitation, court
costs and reasonable attorneys fees and expenses. The application of the
United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. Any law or regulation which provides that
the language of a contract shall be construed against the drafter shall
not apply to this License.
=====
--
\ “Our products just aren't engineered for security.” —Brian |
`\ Valentine, senior vice-president of Microsoft Windows |
_o__) development, 2002 |
Ben Finney
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