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-BSD Protection License |
-February 2002 |
- |
-Preamble |
--------- |
- |
-The Berkeley Software Distribution ("BSD") license has proven very effective |
-over the years at allowing for a wide spread of work throughout both |
-commercial and non-commercial products. For programmers whose primary |
-intention is to improve the general quality of available software, it is |
-arguable that there is no better license than the BSD license, as it |
-permits improvements to be used wherever they will help, without idealogical |
-or metallic constraint. |
- |
-This is of particular value to those who produce reference implementations |
-of proposed standards: The case of TCP/IP clearly illustrates that freely |
-and universally available implementations leads the rapid acceptance of |
-standards -- often even being used instead of a de jure standard (eg, OSI |
-network models). |
- |
-With the rapid proliferation of software licensed under the GNU General |
-Public License, however, the continued success of this role is called into |
-question. Given that the inclusion of a few lines of "GPL-tainted" work |
-into a larger body of work will result in restricted distribution -- and |
-given that further work will likely build upon the "tainted" portions, |
-making them difficult to remove at a future date -- there are inevitable |
-circumstances where authors would, in order to protect their goal of |
-providing for the widespread usage of their work, wish to guard against |
-such "GPL-taint". |
- |
-In addition, one can imagine that companies which operate by producing and |
-selling (possibly closed-source) code would wish to protect themselves |
-against the rise of a GPL-licensed competitor. While under existing |
-licenses this would mean not releasing their code under any form of open |
-license, if a license existed under which they could incorporate any |
-improvements back into their own (commercial) products then they might be |
-far more willing to provide for non-closed distribution. |
- |
-For the above reasons, we put forth this "BSD Protection License": A |
-license designed to retain the freedom granted by the BSD license to use |
-licensed works in a wide variety of settings, both non-commercial and |
-commercial, while protecting the work from having future contributors |
-restrict that freedom. |
- |
-The precise terms and conditions for copying, distribution, and |
-modification follow. |
- |
-BSD PROTECTION LICENSE |
-TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND MODIFICATION |
----------------------------------------------------------------- |
- |
-0. Definitions. |
- a) "Program", below, refers to any program or work distributed under |
- the terms of this license. |
- b) A "work based on the Program", below, refers to either the Program |
- or any derivative work under copyright law. |
- c) "Modification", below, refers to the act of creating derivative works. |
- d) "You", below, refers to each licensee. |
- |
-1. Scope. |
- This license governs the copying, distribution, and modification of the |
- Program. Other activities are outside the scope of this license; The |
- act of running the Program is not restricted, and the output from the |
- Program is covered only if its contents constitute a work based on the |
- Program. |
- |
-2. Verbatim copies. |
- You may copy and distribute verbatim copies of the Program as you |
- receive it, in any medium, provided that you conspicuously and |
- appropriately publish on each copy an appropriate copyright notice; keep |
- intact all the notices that refer to this License and to the absence of |
- any warranty; and give any other recipients of the Program a copy of this |
- License along with the Program. |
- |
-3. Modification and redistribution under closed license. |
- You may modify your copy or copies of the Program, and distribute |
- the resulting derivative works, provided that you meet the |
- following conditions: |
- a) The copyright notice and disclaimer on the Program must be reproduced |
- and included in the source code, documentation, and/or other materials |
- provided in a manner in which such notices are normally distributed. |
- b) The derivative work must be clearly identified as such, in order that |
- it may not be confused with the original work. |
- c) The license under which the derivative work is distributed must |
- expressly prohibit the distribution of further derivative works. |
- |
-4. Modification and redistribution under open license. |
- You may modify your copy or copies of the Program, and distribute |
- the resulting derivative works, provided that you meet the |
- following conditions: |
- a) The copyright notice and disclaimer on the Program must be reproduced |
- and included in the source code, documentation, and/or other materials |
- provided in a manner in which such notices are normally distributed. |
- b) You must clearly indicate the nature and date of any changes made |
- to the Program. The full details need not necessarily be included in |
- the individual modified files, provided that each modified file is |
- clearly marked as such and instructions are included on where the |
- full details of the modifications may be found. |
- c) You must cause any work that you distribute or publish, that in whole |
- or in part contains or is derived from the Program or any part |
- thereof, to be licensed as a whole at no charge to all third |
- parties under the terms of this License. |
- |
-5. Implied acceptance. |
- You may not copy or distribute the Program or any derivative works except |
- as expressly provided under this license. Consequently, any such action |
- will be taken as implied acceptance of the terms of this license. |
- |
-6. NO WARRANTY. |
- THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, |
- INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY |
- AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL |
- THE COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR |
- REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE FOR ANY DIRECT, |
- INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES |
- ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING, BUT |
- NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF |
- USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND |
- ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR |
- TORT, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE |
- POSSIBILITY OF SUCH DAMAGES. |