Re: LOSLA (LEGO Open Source License Agreement 1.0)
Johannes Schauer <email@example.com> writes:
> Thorsten Alteholz told us (the Debian LEGO Team) to discuss the LEGO
> Open Source License Agreement 1.0 (or LOSLA) with you.
> Specifically, this is about the source package nxt-firmware with its
> git repository here:
Thank you for bringing this here for discussion, and for showing the
source package to examine.
> The new license in question is the LEGO License or LOSLA. Its text can
> be found in the file "LEGO Open Source License.doc" […]
To allow future readers to see what is being discussed in context, we
prefer to have the full text of the conditions as text in a message in
Here is the current text from that file:
LEGO® OPEN SOURCE LICENSE AGREEMENT 1.0
LEGO® MINDSTORMS® NXT FIRMWARE
This LEGO® Open Source License Agreement is an open source license for
the firmware of the LEGO® MINDSTORMS® NXT microprocessor.
IMPORTANT -- READ CAREFULLY: THIS AGREEMENT ONLY COVERS THE FIRMWARE OF
THE LEGO® MINDSTORMS® NXT MICROPROCESSOR AND DOES NOT COVER ANY
"SOFTWARE" AS DEFINED IN THE MINDSTORMS® NXT END USER LICENSE AGREEMENT
(HEREINAFTER THE " MINDSTORMS® NXT EULA").
Section 1. Definitions.
"Contributor'' means each entity that creates or contributes to the
creation of Modifications.
''Contributor Version'' means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications made by
that particular Contributor.
''Covered Code'' means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
''Executable'' means Covered Code in any form other than Source
"Larger Work'' means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
''License'' means this document.
''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, or (b) any new
file that contains any part of the Original Code or previous
"Original Code" means Source Code for the firmware of the LEGO®
MINDSTORMS® NXT microprocessor, and which, at the time of its release
under this License is not already Covered Code governed by this License.
''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.
"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.
Section 2. Source Code License and Larger Works.
2.1. LEGO Grant. LEGO grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims, 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.
2.2. Contributor Grant. Subject to third party intellectual property
claims, each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license 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.
2.3. 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
Section 3. Distribution Obligations.
3.1. Application of License. The Modifications which You create or
to which You contribute shall be 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.
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 a generally accepted mechanism for the
electronic transfer of data (hereinafter "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 LEGO and including the
name of LEGO® 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
(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.
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 must distribute the Executable version
of Covered Code under the terms of this License.
Section 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.
Section 5. Exclusions.
Notwithstanding anything to the contrary herein, no Software (as
defined in the Mindstorms® NXT EULA) shall be released or made available
as open source under this License, regardless of how any Covered Code
interacts with any Software (as defined in the Mindstorms® NXT EULA).
Section 6. Versions of the License.
6.1. New Versions. LEGO 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 LEGO. No one other than LEGO has the right to modify the
terms applicable to Covered Code created under this License.
Section 7. Disclaimer of Warranty.
ALL 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 LEGO 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.
Section 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 LEGO or a
Contributor (LEGO or Contributor against whom You file such action is
referred to as "Participant") alleging that 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.
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.
Section 9. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, LEGO, 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.
Section 10. U.S. Government End Users.
The Covered Code is a ''commercial item,'' as that term is defined
in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer
software'' and ''commercial computer software documentation,'' as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all U.S. Government End Users acquire Covered Code with only those
rights set forth herein.
Section 11. Responsibility for Claims.
As between LEGO 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 LEGO
and Contributors to distribute such responsibility on an equitable
basis. Nothing herein is intended or shall be deemed to constitute any
admission of liability.
Section 12. Trademarks.
This License does not grant, nor shall any provision of this License
be construed as granting, any rights or permission to use the trade
names, trademarks, service marks, or product names of LEGO.
Section 13. Governing Law
To the extent possible under applicable law, this License shall be
governed by Danish law and shall be subject to the non-exclusive
jurisdiction of the Commercial and Maritime Court of Copenhagen. This
License will not be governed by the United Nations Convention of
Contracts for the International Sale of Goods, the application of which
is hereby expressly excluded. You acknowledge that the export of any
Covered Code is governed by the export control laws of the United States
of America and other countries. If you are downloading any Covered Code,
You represent and warrant that You are not located in or under the
control of any country which the export laws and regulations of such
country or of the United States prohibit the exportation of the Covered
Section 14. 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. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not apply to this
EXHIBIT A - LEGO® Open Source License Agreement
The contents of this file are subject to the LEGO® Open Source License
Agreement 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
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 Original Code is ______________________________________.
LEGO is the owner of the Original Code. Portions created by
_________________ are Copyright (C) _________. All Rights Reserved.
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