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Bug#181969: ITP: jasper -- Image library for the JPEG-2000 Part 1 Standard



I think this is non-free (see my comments inline), but I'm forwarding to
debian-legal for their opinion.

On Fri, Feb 21, 2003 at 04:50:43PM -0500, Eric Dorland wrote:
> JasPer Software License
> 
> Copyright (c) 1999-2000, Image Power, Inc. and the University of British
> Columbia, Canada.
> Copyright (c) 2001-2003 Michael David Adams.
> All rights reserved.
> 
> IMAGE POWER JPEG-2000 PUBLIC LICENSE
> ************************************
> 
> GRANT:
> 
> Permission is hereby granted, free of charge, to any person (the "User")
> obtaining a copy of this software and associated documentation, to deal
> in the JasPer Software without restriction, including without limitation
> the right to use, copy, modify, merge, publish, distribute, sublicense,
> and/or sell copies of the JasPer Software (in source and binary forms),
> and to permit persons to whom the JasPer Software is furnished to do so,
> provided further that the License Conditions below are met.
> 
> License Conditions
> ******************
> 
> A.  Redistributions of source code must retain the above copyright notice,
> and this list of conditions, and the following disclaimer.
> 
> B.  Redistributions in binary form must reproduce the above copyright
> notice, and this list of conditions, and the following disclaimer in
> the documentation and/or other materials provided with the distribution.
> 
> C.  Neither the name of Image Power, Inc. nor any other contributor
> (including, but not limited to, the University of British Columbia and
> Michael David Adams) may be used to endorse or promote products derived
> from this software without specific prior written permission.
> 
> D.  User agrees that it shall not commence any action against Image Power,
> Inc., the University of British Columbia, Michael David Adams, or any
> other contributors (collectively "Licensors") for infringement of any
> intellectual property rights ("IPR") held by the User in respect of any
> technology that User owns or has a right to license or sublicense and
> which is an element required in order to claim compliance with ISO/IEC
> 15444-1 (i.e., JPEG-2000 Part 1).  "IPR" means all intellectual property
> rights worldwide arising under statutory or common law, and whether
> or not perfected, including, without limitation, all (i) patents and
> patent applications owned or licensable by User; (ii) rights associated
> with works of authorship including copyrights, copyright applications,
> copyright registrations, mask work rights, mask work applications,
> mask work registrations; (iii) rights relating to the protection of
> trade secrets and confidential information; (iv) any right analogous
> to those set forth in subsections (i), (ii), or (iii) and any other
> proprietary rights relating to intangible property (other than trademark,
> trade dress, or service mark rights); and (v) divisions, continuations,
> renewals, reissues and extensions of the foregoing (as and to the extent
> applicable) now existing, hereafter filed, issued or acquired.

This is probably non-free.

> E.  If User commences an infringement action against any Licensor(s) then
> such Licensor(s) shall have the right to terminate User's license and
> all sublicenses that have been granted hereunder by User to other parties.

This probably is, too.

> F.  This software is for use only in hardware or software products that
> are compliant with ISO/IEC 15444-1 (i.e., JPEG-2000 Part 1).  No license
> or right to this Software is granted for products that do not comply
> with ISO/IEC 15444-1.  The JPEG-2000 Part 1 standard can be purchased
> from the ISO.

This is *definitely* non-free.

> THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
> NO USE OF THE JASPER SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
> THIS DISCLAIMER.  THE JASPER SOFTWARE IS PROVIDED BY THE LICENSORS AND
> CONTRIBUTORS UNDER THIS LICENSE ON AN ``AS-IS'' BASIS, WITHOUT WARRANTY
> OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
> WARRANTIES THAT THE JASPER SOFTWARE IS FREE OF DEFECTS, IS MERCHANTABLE,
> IS FIT FOR A PARTICULAR PURPOSE OR IS NON-INFRINGING.  THOSE INTENDING
> TO USE THE JASPER SOFTWARE OR MODIFICATIONS THEREOF FOR USE IN HARDWARE
> OR SOFTWARE PRODUCTS ARE ADVISED THAT THEIR USE MAY INFRINGE EXISTING
> PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.
> THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE JASPER SOFTWARE
> IS WITH THE USER.  SHOULD ANY PART OF THE JASPER SOFTWARE PROVE DEFECTIVE
> IN ANY RESPECT, THE USER (AND NOT THE INITIAL DEVELOPERS, THE UNIVERSITY
> OF BRITISH COLUMBIA, IMAGE POWER, INC., MICHAEL DAVID ADAMS, OR ANY
> OTHER CONTRIBUTOR) SHALL ASSUME THE COST OF ANY NECESSARY SERVICING,
> REPAIR OR CORRECTION.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
> WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE
> INITIAL DEVELOPER, THE UNIVERSITY OF BRITISH COLUMBIA, IMAGE POWER, INC.,
> MICHAEL DAVID ADAMS, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF THE
> JASPER SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO
> THE USER 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 HAD BEEN INFORMED, OR OUGHT TO HAVE KNOWN, OF THE POSSIBILITY
> OF SUCH DAMAGES.  THE JASPER SOFTWARE AND UNDERLYING TECHNOLOGY ARE NOT
> FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR
> RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING
> FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES,
> AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT
> LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE
> JASPER SOFTWARE OR UNDERLYING TECHNOLOGY OR PRODUCT COULD LEAD DIRECTLY
> TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE
> ("HIGH RISK ACTIVITIES").  LICENSOR SPECIFICALLY DISCLAIMS ANY EXPRESS
> OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.  USER WILL NOT
> KNOWINGLY USE, DISTRIBUTE OR RESELL THE JASPER SOFTWARE OR UNDERLYING
> TECHNOLOGY OR PRODUCTS FOR HIGH RISK ACTIVITIES AND WILL ENSURE THAT ITS
> CUSTOMERS AND END-USERS OF ITS PRODUCTS ARE PROVIDED WITH A COPY OF THE
> NOTICE SPECIFIED IN THIS SECTION.

-- 
Brian M. Carlson <sandals@crustytoothpaste.ath.cx> 0x560553e7
"Let us think the unthinkable, let us do the undoable. Let us prepare
 to grapple with the ineffable itself, and see if we may not eff it
 after all." --Douglas Adams

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