Re: [mdr-users] License terms for mdr-standalone.zip ?

Oh, I see. This is Sun's SLA. MDR itself is under SPL, but it uses some 
3rd party libraries (such as the jar with JMI interfaces) which are 
licensed under a different license. SLA is a generic license which is 
modified for a particular product by the supplemental terms (in this 
case the supplemental terms for JMI interfaces). So, supplemental 
license terms take the precedence - they are included in the license.txt 
following this SLA.
Martin

Tom Morris wrote:
> Thanks for the reply.
> 
> 
>>it seems you are talking about the license that covers MOF 
>>standard.
> 
> 
> Actually I'm not.  I'm referring to the file licenses.txt
> in the top level directory of the zip that I provided the
> URL for.
> 
> The particular section that I'm concerned about which appears
> to conflict with the top-level NetBeans license is as follows:
> 
> --- begin Sun License extract ---
> 
> Sun Microsystems, Inc. 
> Software License Agreement
> 
> READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
> TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE 
> MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE 
> TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE 
> ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING 
> THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE 
> TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE 
> OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED 
> ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS 
> AGREEMENT. 
> 
> 1. LICENSE TO USE.  Sun grants you a non-exclusive and non-transferable 
> license for the internal use only of the accompanying software and 
> documentation and any error corrections provided by Sun (collectively 
> "Software"), by the number of users and the class of computer hardware 
> for which the corresponding fee has been paid. 
> 
> 2. RESTRICTIONS.  Software is confidential and copyrighted. Title to 
> Software and all associated intellectual property rights is retained 
> by Sun and/or its licensors. Except as specifically authorized in any 
> Supplemental License Terms, you may not make copies of Software, other 
> than a single copy of Software for archival purposes. Unless 
> enforcement is prohibited by applicable law, you may not modify, 
> decompile, or reverse engineer Software.  Licensee acknowledges that 
> Licensed Software is not designed or intended for use in the design, 
> construction, operation or maintenance of any nuclear facility. 
> Sun Microsystems, Inc. disclaims any express or implied warranty of 
> fitness for such uses.   No right, title or interest in or to any 
> trademark, service mark, logo or trade name of Sun or its licensors 
> is granted under this Agreement. 
> 
> 3. LIMITED WARRANTY.  Sun warrants to you that for a period of ninety 
> (90) days from the date of purchase, as evidenced by a copy of the 
> receipt, the media on which Software is furnished (if any) will be 
> free of defects in materials and workmanship under normal use.  
> Except for the foregoing, Software is provided "AS IS". Your exclusive 
> remedy and Sun's entire liability under this limited warranty will be 
> at Sun's option to replace Software media or refund the fee paid for 
> Software. 
> 
> 4. DISCLAIMER OF WARRANTY.  UNLESS SPECIFIED IN THIS AGREEMENT, ALL 
> EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, 
> INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR 
> A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO 
> THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 
> 
> 5. LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHIBITED BY LAW, 
> IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, 
> PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL 
> OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY 
> OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY 
> TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY 
> OF SUCH DAMAGES.  
> In no event will Sun's liability to you, whether in contract, tort 
> (including negligence), or otherwise, exceed the amount paid by you 
> for Software under this Agreement. The foregoing limitations will apply 
> even if the above stated warranty fails of its essential purpose. 
> 
> 6. Termination.  This Agreement is effective until terminated.  You 
> may terminate this Agreement at any time by destroying all copies 
> of Software.  This Agreement will terminate immediately without notice 
> from Sun if you fail to comply with any provision of this Agreement.  
> Upon Termination, you must destroy all copies of Software. 
> 
> 7. Export Regulations. All Software and technical data delivered under 
> this Agreement are subject to US export control laws and may be subject 
> to export or import regulations in other countries.  You agree 
> to comply strictly with all such laws and regulations and acknowledge 
> that you have the responsibility to obtain such licenses to export, 
> re-export, or import as may be required after delivery to you. 
> 
> 8. U.S. Government Restricted Rights.  If Software is being acquired 
> by or on behalf of the U.S. Government or by a U.S. Government prime 
> contractor or subcontractor (at any tier), then the Government's 
> rights in Software and accompanying documentation will be only as set 
> forth in this Agreement; this is in accordance with 48 CFR 227.7201 
> through 227.7202-4 (for Department of Defense (DOD) acquisitions) 
> and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 
> 
> 9. Governing Law.  Any action related to this Agreement will be 
> governed by California law and controlling U.S. federal law.  No 
> choice of law rules of any jurisdiction will apply. 
> 
> 10. Severability. If any provision of this Agreement is held to be 
> unenforceable, this Agreement will remain in effect with the provision 
> omitted, unless omission would frustrate the intent of the parties, 
> in which case this Agreement will immediately terminate. 
> 
> 11. Integration.  This Agreement is the entire agreement between you 
> and Sun relating to its subject matter.  It supersedes all prior or 
> contemporaneous oral or written communications, proposals, 
> representations and warranties and prevails over any conflicting 
> or additional terms of any quote, order, acknowledgment, or other 
> communication between the parties relating to its subject matter
> during the term of this Agreement. No modification of this Agreement 
> will be binding, unless in writing and signed by an authorized 
> representative of each party. 
> 
> --- end Sun License extract ---
> 
> 
>>-----Original Message-----
>>From: Martin Matula [mailto:[email protected]] 
>>Sent: Tuesday, October 11, 2005 11:51 AM
>>To: [email protected]
>>Subject: Re: [mdr-users] License terms for mdr-standalone.zip ?
>>
>>
>>Hi Tom,
>>it seems you are talking about the license that covers MOF 
>>standard. MOF 
>>is an OMG standard - I suggest you check with the OMG whether 
>>it is OK 
>>for you to redistribute it.
>>Martin
>>
>>Tom Morris wrote:
>>
>>>The license file embedded in mdr-standalone.zip (available at
>>>http://mdr.netbeans.org/download/daily.html) appears to 
>>
>>include some 
>>
>>>type of commercial license in addition to the Sun Public 
>>
>>License and 
>>
>>>another license which covers the JMI pieces.  The 
>>
>>commercial sounding 
>>
>>>portion mentions things like fees paid and prohibitions on making 
>>>copies.
>>>
>>>We'd like to use these libraries and redistribute them with our 
>>>product.  Is this permissable under this license?  Any chance of 
>>>getting it clarified to make this obvious?  The license FAQ at 
>>>http://www.netbeans.org/kb/faqs/licence.html seems to say that 
>>>everything should be covered by the Sun Public License.
>>>
>>>Tom
>>>
>>
>