license

"Aryeh M. Friedman" <[email protected]> Fri, 22 Aug 2003 02:12:43 -0400 (EDT)
Newsgroups gmane.comp.programming.pragmatic
Message-ID <[email protected]>
	An agreement on what license has been reached.  We will be using the
"win-win public license" (drafted by a splinter group of SDC).  The main highlights
of the license are:

	* 95% MPL except:
		+ Made more general to cover all creative works
		+ Better protection for indivual contributers
		+ Allows commerical use as per orginial SDC license

	* All commerical claims (at least for the core team) are waived for PAM/PCL
	  and likelly the various paradigms

	If you have any questions/issues please direct them to the WWPL mailing list
at http://groups.yahoo.com/group/wwpl

	--Aryeh	
----------------------------- CUT HERE ---------------------------------------
Win-Win Public License, version 0.4
Copyright(c) 2003, Creative Freedom Organization


The Covered Work that this License accompanies is provided under the terms
and conditions of this Win-Win Public License. Any form of use,
reproduction or distribution of the Covered Work constitutes the
recipient's acceptance of this License.

Everyone is permitted to copy and distribute verbatim copies of this
license document. Changing it in any way is not allowed, other than stated
in section 3.3.


Table of contents

1. Definitions
2. Terms and Conditions
3. License Versions
4. Warranty Disclaimer
5. Limitation of Liability
Exhibit A - Source Work Notice (plain text)
Exhibit B - Source Work Notice (XML)


1. Definitions

Compiled Work:
   Covered Work in any form other than Source Work.

Commercial Use:
   Use of Covered Work to generate revenue, regardless how small, in any
   manner, including but not limited to selling Covered Work or using
   Covered Work to run a service.

Contributor:
   Each entity that creates or contributes to the creation of
   Modifications, possibly identified as such in the Source Work notice
   required by either Exhibit A or Exhibit B.

Contributor Version:
   The combination of the  Original Work, prior Modifications used by a
   Contributor, and the Modifications made by that particular Contributor.

Covered Work:
   The Original Work or Modifications or the combination of the Original
   Work and Modifications, in each case including portions thereof.
   
File:
	Any machine readable form of data that constitutes a logically discrete
   entity.

Internet:
   The Internet in its form at the time of publication of this License or
   any other future publicly and freely accessible global network of
   similar size.

Larger Work:
   A work which combines Covered Work with work not governed by the terms
   of this License.

License:
   This document.

Licensable:
   Having the right to grant, to the maximum extent possible, whether at
   the time of the initial grant or subsequently acquired, any and all of
   the rights conveyed herein.

Modifications:
   Any addition to or deletion from the substance or structure of either
   the Original Work or any previous Modifications. When Covered Work is
   released as a series of Files, a Modification is:

      A. Any addition to or deletion from the contents of a File containing
         Original Work or previous Modifications.

      B. Any new File that contains any part of the Original Work or
         previous Modifications.

Non-Commercial Use:
	Any use not qualifying as Commercial Use.
         
Original Author:
   The combined individuals or entities identified as the original author
   in the Source Work notice required by either Exhibit A or Exhibit B.

Original Work:
   Source Work of any kind as it was first produced by the Original Author.

Original Product:
   The product the Original Work was initially created for, identified as
   the original product in the Source Work notice required by either
   Exhibit A or Exhibit B.

Patent Claims:
   Any patent claim(s), now owned or hereafter acquired, including without
   limitation, method, process, and apparatus claims, in any patent
   Licensable by grantor.

Source Work:
   The preferred form of the Covered Work for making modifications to it,
   not excluding any part of it, plus any associated  definition files,
   scripts used to control compilation and installation of a Compiled Work,
   or Source Work differential comparisons against either the Original Work
   or another well known, available Covered Work of the Contributor's
   choice. The Source Work 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):
   An individual or a legal entity exercising rights under, and complying
   with all of the terms of, this License. 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.


2. Terms and Conditions

2.1. The Grant
      
For Non-Commercial Use You are hereby granted a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims:

   (a) Under intellectual property rights (other than patent or trademark)
   Licensable by Original Author and each Contributor to use, reproduce,
   modify, display, perform, sublicense and distribute the Covered Work (or
   portions thereof) with or without Modifications, and/or as part of a
   Larger Work; and

   (b) Under Patents Claims infringed by the making or using of Covered
   Work, to make, have made, use, practice, and/or otherwise dispose of the
   Covered Work (or portions thereof).

   (c) The licenses granted in this Section 2.1(a) and (b) are effective on
   the date Original Author or Contributor first distribute Covered Work
   under the terms of this License.

   (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
   1) for code that You delete from the Covered Work; 2) separate from the
   Covered Work;  or 3) for infringements caused by: i) the modification of
   the Covered Work or ii) the combination of the Covered Work with other
   work or devices.
   
This grant explicitly does not apply to Commercial Use of Covered Work.
Commercial Use of Covered Work requires a specific license explicitly
issued for that purpose by the copyright holder as identified in either
Exhibit A or B. Non-Commercial Use of Covered Work remains royalty-free.
The Original Author and/or Contributors, separately or as a group, may
issue a blanket or limited waiver to this clause, each for the portions of
the Covered Work of which they are the respective copyright holder.

2.2. Application of License
      
The Modifications which You create or to which You contribute are governed
by the terms of this License, including without limitation Section 2.1. The
Source Work version of Covered Work may be distributed only under the terms
of this License, and You must include a copy of this License with every
copy of the Source Work You distribute. You may not offer or impose any
terms on any Source Work version that alters or restricts the applicable
version of this License or the recipients' rights hereunder. However, You
may include an additional document offering additional rights as described
in Section 2.6.

2.3. Availability of Source Work
      
Any Modification which You create or to which You contribute must be made
available in Source Work form under the terms of this License either on the
same media as a Compiled Work or via the Internet to anyone to whom you
made a Compiled Work available; and if made available via the Internet,
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 Work version
remains available even if the Internet location is maintained by a third
party.

2.4. Description of Modifications
      
You must cause all Covered Work You to include a prominent statement that
the Modification is derived, directly or indirectly, from Original Work
provided by the Original Author and including the name of the Original
Author in (a) the Source Work, and (b) in any notice in a Compiled Work or
related documentation in which You describe the origin or ownership of the
Covered Work.

2.5. 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 textual File with the Source Work 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 2.3, 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 and other user community gathering locations)
       reasonably calculated to inform those who received the Covered Work
       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 File.
      
   (c) Representations
   
       Contributor represents that, except as disclosed pursuant to Section
       2.5(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.
       
   (d) Contributor Originated Claims

       If any Contributors hold or claim any intellectual property claims
       to their indivual contributions they must describe in the LEGAL File
       the exact nature and extent of their claims for use within the
       Covered Work and/or any Modification.

2.6. Required Notices

You must place a notice similar to the one described in either Exhibit A
(for plain text work) or Exhibit B (for XML-oriented work) in each File of
the Source Work. You are not required to use the exact layout and wording
either exhibit, however a notice must at least contain 1) a copyright
statement, 2) the name of the original author, 3) the name of the original
product, 4) a reference to where a copy of the license can be obtained. If
it is not possible to put such notice in a particular Source Work File due
to its structure, then You must include such notice in a location (such as
a relevant directory or other clearly organized collection of Files) 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 and B. You must also duplicate this License in any
documentation for the Source Work where You describe recipients' rights or
ownership rights relating to Covered Work. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability obligations to
one or more recipients of Covered Work. However, You may do so only on Your
own behalf, and not on behalf of the Original Author or any Contributor.
You must make it absolutely clear than any such warranty, support,
indemnity or liability obligation is offered by You alone, and You hereby
agree to indemnify the Original Author and every Contributor for any
liability incurred by the Original Author or such Contributor as a result
of warranty, support, indemnity or liability terms You offer.

2.7. Distribution of Compiled Work

You may distribute Covered Work as a Compiled Work only if the requirements
of Section 2.2-2.6 have been met for that Covered Work, and if You include
a notice stating that the Source Work version of the Covered Work is
available under the terms of this License, including a description of how
and where You have fulfilled the obligations of Section 2.3. The notice
must be conspicuously included in any notice in a Compiled Work, related
documentation or collateral in which You describe recipients' rights
relating to the Covered Work. You may distribute the Compiled Work or
ownership rights under a license of Your choice, which may contain terms
different from this License, provided that You are in compliance with the
terms of this License and that the license for the Compiled Work does not
attempt to limit or alter the recipient's rights in the Source Work version
from the rights set forth in this License. If You distribute the Compiled
Work under a different license You must make it absolutely clear that any
terms which differ from this License are offered by You alone, not by the
Original Author or any Contributor. You hereby agree to indemnify the
Original Author and every Contributor for any liability incurred by the
Original Author or such Contributor as a result of any such terms You
offer.

2.8. Larger Works

You may create a Larger Work by combining Covered Work with other work 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 Work.

2.9. Termination
   
2.9.1. 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 Work 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.

2.9.2. If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Original Author or a
Contributor (the Original Author or Contributor against whom You file such
action is referred to as "Participant") alleging that:
         
   (a) Such Participant's Contributor Version directly or indirectly
       infringes any patent, then any and all rights granted by such
       Participant to You under Section 2.1 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 Section 2.1 automatically terminate at the expiration of the
       60 day notice period specified above.

   (b) Any work, software, hardware, or device, other than such
       Participant's Contributor Version, directly or indirectly infringes
       any patent, then any rights granted to You by such Participant under
       Section 2.1(b) are revoked effective as of the date You first made,
       used, sold, distributed, or had made, Modifications made by that
       Participant.

2.9.3. 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
Section 2.1 shall be taken into account in determining the amount or value
of any payment or license.

2.9.4. In the event of termination under Sections 2.9.1 or 2.9.2 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.


3. License Versions

3.1. New Versions

The Creative Freedom Organization may publish revised and/or new versions
of the License when they deem necessary. Each version will be given a
distinguishing version number. Once the Covered Work has been released
under a particular version of the License, You may always continue to use
it under the terms and conditions of that version. Unless explicitly stated
so in a Source Work notice as required by either Exhibit A or B, You may
not use the Covered Work under any other version of the License.

3.2. Derivative Works

If you create or use a modified version of this License (which you may only
do in order to apply it to work not covered by this License), You must (a)
rename Your license thus that the phrases "Creative Freedom Organization",
"CFO", "Win-Win Public License", "WWPL" or any similar phrases do not appear
in your license, except where used for referral. This is strictly to avoid confusion.


4. Warranty Disclaimer

THE COVERED WORK 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 WORK 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 WORK IS WITH YOU.
SHOULD ANY WORK PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE ORIGINAL
AUTHOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS WARRANTY DISCLAIMER CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.


5. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE ORIGINAL AUTHOR, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED WORK, 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.


Exhibit A - Source Work Notice (Plain text)

   Copyright&copy; ____, _________________________. All rights reserved.
      
   This work is subject to version 2 of the Win-Win Public License (the
   WWPL). You may not use this work, except in compliance to the terms and conditions set forth in the WWPL.
    
   You should have received a copy of the WWPL with this work. If you did
   not receive one, you can obtain one by downloading it from
   http://www.CreativeFreedom.org/licensing/WWPLv1.0.html, or by sending an
   email request to [email protected] (please put "Request
   WWPLv1.0" in the subject line).

   Original product: ___________________________
   Original author:  ___________________________
   Contributors:     ___________________________


Exhibit B - Source Work Notice (XML)

   <copyright>
      Copyright(c) ____, _________________________. All rights reserved.
   </copyright>

   <license>
      This work is subject to version 2 of the Win-Win Public License (the
      WWPL). You may not use this work, except in compliance to the terms
      and conditions set forth in the WWPL.
    
      You should have received a copy of the WWPL with this work. If you
      did not receive one, you can obtain one by downloading it from
      http://www.CreativeFreedom.org/licensing/WWPLv1.0.html, or by sending
      an email request to [email protected] (please put
      "Request WWPLv1.0" in the subject line).
   </license>
      
   <original-product> _________________________________ </original-product>
   <original-author>  _________________________________ </original-author>
   <contributors>     _________________________________ </contributors>


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