Hey legal people, The DRBD upstream switched the license for one of their components "drbdmanage" from GPL to a special license (non-standard). I'm thinking about it would fit DFSG. Disclaimer: The software in particular is not available in Debian currently. License Name: DRBD MANAGE END USER LICENSE AGREEMENT Full Text: [1] (also attached) The license itself seems to be shaped around DFSG and other OSS licenses. Linbit even states in their FAQ [2] that: > Is DRBD Manage open source software? > > Yes, the license meets OSI’s Open Source Definition, it conforms to Debian’s > social contract, it conforms to Ubuntu’s licensing policy and it is within > Launchpad’s licensing conditions. I, myself, would consider the license non-free in terms of DFSG, due to this paragraph: > 3.4) Without prior written consent of LICENSOR or an authorized partner, > LICENSEE is not allowed to: > [...] > b) provide commercial turn-key solutions based on the LICENSED SOFTWARE or > commercial services for the LICENSED SOFTWARE or its modifications to any > third party (e.g. software support or trainings). What's your opinion about that clause? Regards Markus Frosch [1] http://git.linbit.com/drbdmanage.git/blob/HEAD:/COPYING [2] https://www.linbit.com/en/drbd-manage-faq/ -- markus@lazyfrosch.de / lazyfrosch@debian.org http://www.lazyfrosch.de
DRBD MANAGE END USER LICENSE AGREEMENT OCTOBER 28, 2016 PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. BY USING THE SOFTWARE DRBD MANAGE YOU ACCEPT ALL TERMS OF THE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. 1.) DEFINITIONS 1.1) LICENSOR: LINBIT HA Solutions GmbH, Stiegergasse 18, 1150 Wien, Austria. 1.2) LICENSEE: The user of DRBD Manage under this License Agreement. 1.3) LICENSED SOFTWARE: The Software DRBD Manage in source code and object code form including all executable programs. 1.4) DOCUMENTATION: The DRBD Users' Guide, e-mails and other explanatory materials accompanying the LICENSED SOFTWARE in printed or electronic form. 2.) OWNERSHIP / INTELLECTUAL PROPERTY RIGHTS LICENSEE acknowledges that ownership and all intellectual property rights related to the LICENSED SOFTWARE and to the DOCUMENTATION, including patents, copyright, trademarks, company or trade secrets, remain with the LICENSOR. LICENSEE promises to keep and not to modify the copyright notices of the LICENSOR. 3.) SCOPE OF LICENSE 3.1) Provided LICENSEE accepts all terms of this License Agreement, LICENSEE is granted a non-exclusive right to use the LICENSED SOFTWARE, which means LICENSEE may use the software for redistribution to an unrestricted number of users and for an unrestricted number of computer systems, as well as use the accompanying DOCUMENTATION, as follows: a) The LICENSEE is allowed to redistribute the LICENSED SOFTWARE and/or distribute software builds from modified source code under exactly the same terms of this License Agreement. The LICENSEE is entitled to sell or give away the software alone, or as part of an aggregate software distribution, in either source code or compiled form. The LICENSOR will not charge license fees or royalty payments or any other fee for this redistribution, distribution or modification. b) The license granted to the LICENSEE does not include any discrimination against persons, groups or against fields of endeavor and does not restrict users from using the software for a particular field of endeavour - a business for example (eg. there is no restriction to distribute the LICENSED SOFTWARE as "free for non-commercial use"). c) The LICENSED SOFTWARE must not be distributed under a license specific to a certain program or software package. The rights attached to the software must not depend on the program being part of a specific software system or package. d) The LICENSED SOFTWARE does not contaminate other software licenses. The license does not place restrictions on other software that is distributed along with it. For example, the LICENSE must not insist that all other programs distributed along with the LICENSED SOFTWARE be free software. e) Source modifications of the LICENSED SOFTWARE must be distributed as patches. The LICENSED SOFTWARE and modifications to the software must be distributed separately, so that third parties always have a copy of the pristine code. However, the license explicitly permits distribution of software built from modified source code. 3.2) Without prior written consent of LICENSOR or an authorized partner, LICENSEE may modify the source code and use the modified version of the LICENSED SOFTWARE as specified under section 3.1 as long as the LICENSEE provides to the LICENSOR and third parties exactly the same rights to the modified source code and modified version as the LICENSOR does to the LICENSEE. The LICENSOR and third parties can exercise their rights to this software without having to pay for the privilege, and can pass these rights on to other people on exactly the same basis as the LICENSOR did to the LICENSEE. 3.3) The LICENSED SOFTWARE and the modifications generated by LICENSEE shall remain the property of LICENSOR and no rights are granted to LICENSEE, including but not limited to neither copyright nor the right to apply for industrial property rights, except as specified under section 3.1 and 3.2. 3.4) Without prior written consent of LICENSOR or an authorized partner, LICENSEE is not allowed to: a) use, copy or distribute the LICENSED SOFTWARE except as provided for under sections 3.1 and 3.2. b) provide commercial turn-key solutions based on the LICENSED SOFTWARE or commercial services for the LICENSED SOFTWARE or its modifications to any third party (e.g. software support or trainings). c) use LICENSOR's trademarks, e.g. DRBD®, LINBIT® (and logos) in any manner for providing support and/or training for its products and/or services. d) use the LICENSORS trademarks mentioned under section 3.4 c) in any manner that expresses or implies any legal association, affiliation, sponsorship, endorsement certification or approval by the LICENSOR. e) rent or lease the LICENSED SOFTWARE and DOCUMENTATION to any third party except as provided for under sections 3.1 and 3.2. f) modify, adapt, or translate the LICENSED SOFTWARE for any third party except as provided for under sections 3.1 and 3.2. 3.5) The license under this License Agreement relates to the LICENSED SOFTWARE. 4.) LIMITED WARRANTY AND LIABILITY 4.1) LICENSOR confirms that the LICENSED SOFTWARE has been developed without infringement of any rights of third parties, in particular patents, copyrights or other intellectual property rights of third parties. Nevertheless LICENSOR does not warrant that the use of the LICENSED SOFTWARE by LICENSEE does not infringe any third party intellectual property rights. 4.2) LICENSEE is aware that there is a risk that the LICENSED SOFTWARE might damage the data or the computer of the LICENSEE or even other computers on the network in unpredictable ways. The use of the LICENSED SOFTWARE is at the exclusive risk of the LICENSEE. LICENSOR does not offer any warranty either expressed or implied and is not liable for any damages resulting from the use of the LICENSED SOFTWARE or DOCUMENTATION such as, but not limited to, data loss. 4.3) Notwithstanding sections 4.1 and 4.2, the liability of the LICENSOR, its legal representatives and employees resulting from breach of duty or tort is restricted to damages caused intentionally or by gross negligence. In any case, the liability under this section is limited by typical, foreseeable, direct damages. The liability is unrestricted for damages of the body, life or health. 5.) MISCELLANEOUS 5.1 This License Agreement in English is the original one. The terms of this Agreement can only be modified or amended in writing. In case of interpretation controversies the terms of this Agreement shall prevail over the respective terms of any other agreements. 5.2 Austrian law shall apply with the exception of such legal provisions that make reference to the law of other countries. 5.3 Disputes, in particular those related to the formation or dissolution of the contract, the contractual relation of the parties or any claims arising thereunder, shall be decided by the court having subject matter jurisdiction for the 1st district of Vienna (Austria). However, if the LICENSEE’s registered office is not within the European Union (EU) or within one of the EFTA States, all disputes shall be finally settled in accordance with the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said Rules; the place of arbitration shall be Vienna; the language of arbitration shall be English. Furthermore LICENSOR shall also be entitled to bring proceedings against the LICENSEE before any other court, e.g. before the LICENSEE’s court of general jurisdiction. The LICENSEE shall compensate the LICENSOR for any costs necessary for bringing appropriate legal action, in particular for attorneys' fees, and for any pre-trial expenses incurred by LICENSOR. 5.4 In case that one or several of the terms of this Agreement should be or become invalid or unenforceable, the validity of the other terms shall remain unaffected. In such a case, the parties shall replace the invalid or unenforceable condition by another legally effective provision meeting the purpose of the abolished provision to the greatest extent. The same applies in case of a gap of regulation.
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