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

Thanks for the quick clarification Martin.  It isn't clear to me that the
license says what it's intended to say, so if I was doing a commercial
product, I'd probably rebuild from source and get my own copies of the JMI
and MOF binaries, but since this is an open source project I'm working with,
we'll probably go with the binary distribution based on your assurances.

As an aside, if I *did* want to fetch my own jmi.jar and mof.jar directly
from the source, where would I find them.  I couldn't find any attribution
information in CVS.

For anyone else who investigates this in the future, I discovered that the
various component licenses which are appended together can be found in the
mdr/external directory of the source tree.  The license for jmi.jar is in
jmi-license.txt and the license for mof is in mof-license.txt.  As far as I
can tell, the only way to discover which licenses go with which components
is to look at the Ant build file -- probably not very acceptable to a lawyer
type.  The licenses.txt which is in the top-level source directory appears
to have been assembled by hand from the various components.

Some related commentary about NetBeans licensing at
http://weblogs.java.net/blog/timboudreau/archive/2005/07/when_engineers.html
(but the exception clause for open source that Tim mentions isn't in the
licenses.txt included with mdr-standalone.zip).  The "scrambler" which
manages the third-party libraries is described at
http://wiki.java.net/bin/view/Netbeans/Scrambler.

Tom

> -----Original Message-----
> From: Martin Matula [mailto:[email protected]]
> Sent: Tuesday, October 11, 2005 2:03 PM
> To: [email protected]
> Subject: 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 
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> > 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, 
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> > will be binding, unless in writing and signed by an authorized
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> > 
> > --- 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
> >>>
> >>
> > 
>