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|    1 BSD Protection License |  | 
|    2 February 2002 |  | 
|    3  |  | 
|    4 Preamble |  | 
|    5 -------- |  | 
|    6  |  | 
|    7 The Berkeley Software Distribution ("BSD") license has proven very effective |  | 
|    8 over the years at allowing for a wide spread of work throughout both |  | 
|    9 commercial and non-commercial products.  For programmers whose primary |  | 
|   10 intention is to improve the general quality of available software, it is |  | 
|   11 arguable that there is no better license than the BSD license, as it |  | 
|   12 permits improvements to be used wherever they will help, without idealogical |  | 
|   13 or metallic constraint. |  | 
|   14  |  | 
|   15 This is of particular value to those who produce reference implementations |  | 
|   16 of proposed standards: The case of TCP/IP clearly illustrates that freely |  | 
|   17 and universally available implementations leads the rapid acceptance of |  | 
|   18 standards -- often even being used instead of a de jure standard (eg, OSI |  | 
|   19 network models). |  | 
|   20  |  | 
|   21 With the rapid proliferation of software licensed under the GNU General |  | 
|   22 Public License, however, the continued success of this role is called into |  | 
|   23 question.  Given that the inclusion of a few lines of "GPL-tainted" work |  | 
|   24 into a larger body of work will result in restricted distribution -- and |  | 
|   25 given that further work will likely build upon the "tainted" portions, |  | 
|   26 making them difficult to remove at a future date -- there are inevitable |  | 
|   27 circumstances where authors would, in order to protect their goal of |  | 
|   28 providing for the widespread usage of their work, wish to guard against |  | 
|   29 such "GPL-taint". |  | 
|   30  |  | 
|   31 In addition, one can imagine that companies which operate by producing and |  | 
|   32 selling (possibly closed-source) code would wish to protect themselves |  | 
|   33 against the rise of a GPL-licensed competitor.  While under existing |  | 
|   34 licenses this would mean not releasing their code under any form of open |  | 
|   35 license, if a license existed under which they could incorporate any |  | 
|   36 improvements back into their own (commercial) products then they might be |  | 
|   37 far more willing to provide for non-closed distribution. |  | 
|   38  |  | 
|   39 For the above reasons, we put forth this "BSD Protection License": A |  | 
|   40 license designed to retain the freedom granted by the BSD license to use |  | 
|   41 licensed works in a wide variety of settings, both non-commercial and |  | 
|   42 commercial, while protecting the work from having future contributors |  | 
|   43 restrict that freedom. |  | 
|   44  |  | 
|   45 The precise terms and conditions for copying, distribution, and |  | 
|   46 modification follow. |  | 
|   47  |  | 
|   48 BSD PROTECTION LICENSE |  | 
|   49 TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND MODIFICATION |  | 
|   50 ---------------------------------------------------------------- |  | 
|   51  |  | 
|   52 0. Definitions. |  | 
|   53    a) "Program", below, refers to any program or work distributed under |  | 
|   54       the terms of this license. |  | 
|   55    b) A "work based on the Program", below, refers to either the Program |  | 
|   56       or any derivative work under copyright law. |  | 
|   57    c) "Modification", below, refers to the act of creating derivative works. |  | 
|   58    d) "You", below, refers to each licensee. |  | 
|   59  |  | 
|   60 1. Scope. |  | 
|   61    This license governs the copying, distribution, and modification of the |  | 
|   62    Program.  Other activities are outside the scope of this license; The |  | 
|   63    act of running the Program is not restricted, and the output from the |  | 
|   64    Program is covered only if its contents constitute a work based on the |  | 
|   65    Program. |  | 
|   66  |  | 
|   67 2. Verbatim copies. |  | 
|   68    You may copy and distribute verbatim copies of the Program as you |  | 
|   69    receive it, in any medium, provided that you conspicuously and |  | 
|   70    appropriately publish on each copy an appropriate copyright notice; keep |  | 
|   71    intact all the notices that refer to this License and to the absence of |  | 
|   72    any warranty; and give any other recipients of the Program a copy of this |  | 
|   73    License along with the Program. |  | 
|   74  |  | 
|   75 3. Modification and redistribution under closed license. |  | 
|   76    You may modify your copy or copies of the Program, and distribute |  | 
|   77    the resulting derivative works, provided that you meet the |  | 
|   78    following conditions: |  | 
|   79    a) The copyright notice and disclaimer on the Program must be reproduced |  | 
|   80       and included in the source code, documentation, and/or other materials |  | 
|   81       provided in a manner in which such notices are normally distributed. |  | 
|   82    b) The derivative work must be clearly identified as such, in order that |  | 
|   83       it may not be confused with the original work. |  | 
|   84    c) The license under which the derivative work is distributed must |  | 
|   85       expressly prohibit the distribution of further derivative works. |  | 
|   86  |  | 
|   87 4. Modification and redistribution under open license. |  | 
|   88    You may modify your copy or copies of the Program, and distribute |  | 
|   89    the resulting derivative works, provided that you meet the |  | 
|   90    following conditions: |  | 
|   91    a) The copyright notice and disclaimer on the Program must be reproduced |  | 
|   92       and included in the source code, documentation, and/or other materials |  | 
|   93       provided in a manner in which such notices are normally distributed. |  | 
|   94    b) You must clearly indicate the nature and date of any changes made |  | 
|   95       to the Program.  The full details need not necessarily be included in |  | 
|   96       the individual modified files, provided that each modified file is |  | 
|   97       clearly marked as such and instructions are included on where the |  | 
|   98       full details of the modifications may be found. |  | 
|   99    c) You must cause any work that you distribute or publish, that in whole |  | 
|  100       or in part contains or is derived from the Program or any part |  | 
|  101       thereof, to be licensed as a whole at no charge to all third |  | 
|  102       parties under the terms of this License. |  | 
|  103  |  | 
|  104 5. Implied acceptance. |  | 
|  105    You may not copy or distribute the Program or any derivative works except |  | 
|  106    as expressly provided under this license.  Consequently, any such action |  | 
|  107    will be taken as implied acceptance of the terms of this license. |  | 
|  108  |  | 
|  109 6. NO WARRANTY. |  | 
|  110    THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, |  | 
|  111    INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY |  | 
|  112    AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL |  | 
|  113    THE COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR |  | 
|  114    REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE FOR ANY DIRECT, |  | 
|  115    INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES |  | 
|  116    ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING, BUT |  | 
|  117    NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF |  | 
|  118    USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND |  | 
|  119    ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR |  | 
|  120    TORT, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE |  | 
|  121    POSSIBILITY OF SUCH DAMAGES. |  | 
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