Dear FPC core team, Please find below a discussion about a licence issue found during review of FPC 2.6.4 packaging. The complete discussion could be followed on [1] and/or [2]. Can you please advice about this and especially about [3]. Cheers, Abou Al Montacir, [1] http://lists.alioth.debian.org/pipermail/pkg-pascal-devel/Week-of-Mon-20140414/000174.html [2] https://lists.debian.org/debian-legal/2014/04/msg00017.html [3] https://lists.debian.org/debian-legal/2014/04/msg00022.html On Sat, 2014-04-19 at 09:52 +0200, Paul Gevers wrote: > Hi Debian-legal readers [Please CC the Pascal list on reply] > > I believe that I (well Lintian to be honest) found a file [1] in fpc > that is not distributable. The license of the SDK follows at the end of > this e-mail. The sentence that I found most problematic is the following: > """Novell grants You the non-exclusive, non-transferable right to: a) > internally use the Early Access Release Materials and Internal Tools in > support of Your efforts to develop Derivative Software hereunder (but > You may not include any portion of Early Access Release Materials or > Internal Tools in Derivative Software); b) use, modify, and compile > source code Software for the purpose of creating Developer Products, if > the source code Software is identified as licensed for use in creating > Developer Products; and, c) reproduce and distribute Derivative Software > as part of a Developer Product.""" > > If I understand it right, a is not applicable to the file in question as > distribution is not "internally use". B is not applicable as the file in > question is not "source code Software" and use, modify and compile does > not mean distribution. C is not applicable as it only allows derivative > software (which in their definition is binary) to be distributed, not > the SDK files themselves. Additionally the license is non-transferable, > which makes it unsuitable for Debian (and the file lacks source, that is > an other Debian problem). > > Paul > [1] fpcsrc/rtl/netwlibc/pre/libcpre.gcc.o > > Full license: > ############# > Novell Developer License Agreement > > 1. PURPOSE. Novell makes available the Novell developer software and > documentation (the "Software") under the terms of this Novell Developer > License Agreement. If You do not agree to these terms, You may not > access or use the Software. > > 2. DEFINITIONS. The following terms have the meanings assigned to them > below: > > "Derivative Software" means the Binary code Software and/or Binary > code that results from your compilation of modified or unmodified source > code Software. Derivative Software may not include Early Access Release > Materials or Internal Tools. > > "Developer Product" means Your own computer product that incorporates > Derivative Software and does not substantially duplicate the > capabilities or compete with the Derivative Software or the Software. > > "Early Access Release Materials" means Software and/or Documentation > Novell identifies as "beta", "pre-release," "futures," or as an "early > access release." > > "Internal Tools" means compatibility criteria, test suites, test > tools, end user products, and other programs designed to aid in the > development of, but not be incorporated in, Derivative Software Products. > > 3. LICENSES. Use of the Software and Documentation is subject to the > restrictions contained in this Agreement. The Software contains various > software programs with different license rights. Novell grants You the > non-exclusive, non-transferable right to: a) internally use the Early > Access Release Materials and Internal Tools in support of Your efforts > to develop Derivative Software hereunder (but You may not include any > portion of Early Access Release Materials or Internal Tools in > Derivative Software); b) use, modify, and compile source code Software > for the purpose of creating Developer Products, if the source code > Software is identified as licensed for use in creating Developer > Products; and, c) reproduce and distribute Derivative Software as part > of a Developer Product. > > Sample Source Code. Sample source code that is made available as part > of the Software may include a license grant that is broader then the > license granted above in 3. If so, Your license to use the sample source > code is as described in the license language included with the sample > source code. > > Open Source Software. Your license to use software that is provided > subject to a separate open source license is described in and subject to > the license agreement included with the software. > > Third Party Products. As a service to You, certain third party > software products may be made available to You from Novell. Your license > to use such products is as described in and subject to the license > agreement provided by the third party. > > 4. RESTRICTED SOFTWARE. Notwithstanding anything to the contrary in this > Agreement, portions of the Software and/or Documentation may be subject > to restrictions set forth in terms that accompany those portions. You > agree to abide by such restrictions. If such restrictions are > unacceptable to You, You may not use the Software. > > 5. RESERVATION OF RIGHTS. Novell reserves all rights not expressly > granted to You. Without limiting the generality of the foregoing You: a) > acknowledge that the source code of the binary code Software represents > and embodies trade secrets of Novell or its licensors (except for source > code made publicly available by the licensor); b) agree not to > disassemble, decompile, or otherwise reverse engineer the binary code > Software to discover the source code and/or trade secrets embodied in > the source code; c) acknowledge that Novell has not authorized You to > rent, lease, and/or time share the Software; and, d) while certain test > tools and test suites may be provided, YOU AGREE THAT ONLY NOVELL CAN > ISSUE AND PUBLISH TEST BULLETINS OR AUTHORIZE USE OF THE "YES" OR OTHER > NOVELL LOGOS. > > 6. EARLY ACCESS MATERIALS. Novell does not represent or warrant that it > will make the Early Access Materials generally available to the public > or that any target dates will be met. Novell may change or cancel its > plans at any time. You acknowledge that any Early Access Release product > is of pre-release quality, has not been fully tested, and may contain > errors; You assume the entire risk arising out of the use of the Early > Access Release Software and any information provided with the Early > Access Release Software. > > 7. SUPPORT. Novell shall have no obligation to provide support to You or > to users of Developer Product(s). > > 8. TERM AND TERMINATION. This License will become effective on the date > you acquire the Software and will remain in force until terminated. You > may terminate this License at any time by destroying the Documentation > and the Software together with all copies and adaptations. This License > shall also automatically terminate if you breach any of the terms or > conditions. You agree to destroy the original and all adaptations or > copies of the Software and Documentation, or to return them to Novell > upon termination of this License. Your right to use any Early Access > Release Software will terminate upon the earlier of (i) first commercial > shipment by Novell of the Early Access Release product, (ii) other > termination of this Agreement, or (iii) time-based or other disabling of > the Early Access Release product. Upon termination of this Agreement, > end users of the Developer Product may continue to use the Developer > Product under the terms of their license from You. You will have the > right to maintain one copy of each version of the source code Software > and/or the Developer Product but only for the purpose and to the extent > reasonably necessary for you to provide support and maintenance to end > users. > > 9. DEVELOPER INDEMNIFICATION. You agree to indemnify, defend and hold > Novell harmless from all damages, liabilities and expenses incurred by > Novell as a result of any claim, or judgment against Novell by any third > party arising out of, or connected in any manner with, distribution or > use of software created by You through the use of Software licensed to > You under this Agreement or arising out of breach of this Agreement. If > Novell receives notice of such a claim, Novell will promptly notify You > in writing and allow You sole control of the defense of any such claim > or action and all negotiations for its settlement and compromise, > provided You give adequate assurances that You will diligently pursue > resolution of the claim. > > 10.GOVERNING LAW. Except as otherwise restricted by law, this License > shall be governed by, and interpreted in accordance with, the laws of > the State of Utah of the United States of America, without regard to > Utah law governing conflicts of law. This Agreement shall be treated as > though it were executed in Utah County, Utah. Any action relating to > this License agreement shall be brought in a Utah court of competent > jurisdiction. > > 11.ENTIRE AGREEMENT. This Agreement sets forth the entire understanding > and License between you and Novell and may be amended only in a writing > signed by both parties. No vendor, distributor, dealer, retailer, sales > person or other person is authorized to modify this license or to make > any warranty, representation or promise which is different than, or in > addition to, the representations or promises of this license. This > Agreement is not assignable by you in whole or in part without Novells > prior written approval. > > 12.SEVERABILITY / WAIVER. If a provision is invalid or unenforceable, > the remaining provisions will remain in effect and the parties will > amend the Agreement to reflect the original agreement to the maximum > extent possible. No waiver of any contractual right will be effective > unless in writing by an authorized representative of the waiving party. > No waiver of a right arising from any breach or failure to perform will > be deemed a waiver of any future right. > > 13.DISCLAIMER. EXCEPT AS OTHERWISE RESTRICTED BY LAW, THE SOFTWARE AND > ANY ASSOCIATED SERVICES ARE PROVIDED "AS IS." NOVELL MAKES NO WARRANTY, > REPRESENTATION OR PROMISE. NOVELL DISCLAIMS AND EXCLUDES ANY AND ALL > IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR > PURPOSE OR NON-INFRINGEMENT. NOVELL DOES NOT WARRANT THAT THE SOFTWARE > WILL SATISFY YOUR REQUIREMENTS OR THAT THE SOFTWARE IS WITHOUT DEFECT OR > ERROR OR THAT ITS OPERATION WILL BE UNINTERRUPTED. Some states do not > allow some limitations on implied warranties, so the above limitations > may not fully apply to you. This warranty gives you specific legal > rights which vary from state to state. > > 14.LIMITATION OF LIABILITY. NEITHER NOVELL NOR ANY OF ITS LICENSORS, > EMPLOYEES, OR AGENTS SHALL IN ANY CASE BE LIABLE FOR ANY SPECIAL, > INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUE, LOSS OF > USE OF SOFTWARE, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, OR THE > COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM), INDIRECT OR PUNITIVE > DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. EXCEPT AS > OTHERWISE RESTRICTED BY LAW, NOVELL'S AGGREGATE LIABILITY ARISING FROM > OR RELATING TO YOUR USE OF THE SOFTWARE OR ANY ASSOCIATED SERVICES IS > LIMITED TO THE GREATER OF $100 OR THE TOTAL OF PAYMENTS MADE FOR SUCH > SERVICES. Some states do not allow the complete exclusion or limitation > of incidental or consequential damages, so the above limitation or > exclusion may not fully apply to you. > > 15.EXPORT. You may not export, re-export, or use the Software in > violation of any applicable laws or regulations including, without > limitation, U.S. export regulations or the laws of the country in which > you reside. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication, or > disclosure by the United States Government is subject to restrictions as > set forth in FAR s 52.227-14 (June 1987) Alternate III(g)(3) (June > 1987), FAR s 52.227-19 (June 1987), or DFARS s 52.227-7013 (c)(1)(ii) > (June 1988), as applicable. Contractor/Manufacturer is Novell, Inc., > 1800 S. Novell Place, Provo, Utah 84606. OTHER. Those terms which by > their nature extend beyond termination of this Agreement shall survive > and remain in effect until all obligations are satisfied. The > application of the United Nations Convention of Contracts for the > International Sale of Goods is expressly excluded. > > Copyright Novell, Inc., 9/22/2004 > > September 22, 2004 > > _______________________________________________ > Pkg-pascal-devel mailing list > Pkg-pascal-devel@lists.alioth.debian.org > http://lists.alioth.debian.org/cgi-bin/mailman/listinfo/pkg-pascal-devel
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