Please discuss using license-discuss@opensource.org . Note the arbitration and legal expense clause.
Bruce Novell Cooperative License 1.0 (NCL) 1. A Contributor is an individual or organization that makes code available under the NCL by placing a Notice in computer programming code or documentation (Contributions). A Notice states that the Contributions are being made available under the NCL, and follows the format provided in Exhibit A hereto. 2. Subject to the terms and conditions of this NCL, each Contributor to the software grants you a worldwide, royalty-free, non-exclusive license under its applicable intellectual property rights to use, reproduce, modify, display, perform, sublicense and distribute the Contributions and derivative works thereof, in source and binary code form. 3. In consideration of, and as a condition to, the licenses granted to you under this license, you agree to comply with the each of the following requirements with respect to any distribution by You of the Contributions and/or derivative works thereof, in source code or binary code form (Distributions): 1. If you distribute the Distributions in binary code form, then you must make the Distributions available in source code form to all binary code licensees via a generally accessible distribution mechanism, such as installation media or a well-known, publicly accessible web site; 2. You may distribute the Distributions in source code form only under the NCL, and you may distribute the Distributions in binary code form only under the NCL or a license agreement containing a prominent notice informing recipients how to obtain the Distributions in source code form under the NCL; 3. If the Distributions contain derivative works created by you, you must place a Notice in the source code of the derivative works stating that your derivative works are being made available under the NCL; 4. You shall not remove notices from the Distributions; 5. Neither Novell's trademarks or trade names, nor the trademarks or trade names of any Contributors, may be used to endorse or promote products derived from this software without specific prior written permission; and, 6. Your distribution of Distributions must be in compliance with relevant law and government regulations. 4. Novell may publish revised versions of the NCL from time to time; you may license Contributions under this version or any subsequent versions. If You modify the NCL, you must remove all references to Novell other than a prominent notice that your version contains different terms than the NCL. 5. If you fail to cure a material breach of this Agreement within sixty (60) days of receipt of written notice from a Contributor, you and the Contributor shall immediately submit to binding arbitration to be completed within six (6) months in compliance with the rules of the American Arbitration Association before an arbitrator competent in the field of computer law. Any determination by the arbitrator shall be final and binding on all parties and may be entered as a final judgment in any court of competent jurisdiction. If the Contributor prevails, You shall pay the Contributors costs and attorneys fees, and the licenses granted to you by the Contributor shall be revoked unless you cure the breach within a reasonable time specified by the arbitrator. If you prevail and the Contributors allegation of breach was brought in bad faith, the Contributor shall pay your costs and attorneys fees. 6. THE LICENSES GRANTED HEREUNDER ARE GRANTED ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE CONTRIBUTIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. Notwithstanding the foregoing, each Contributor represents that to the best of its knowledge the Contributor has sufficient rights to grant licenses to its contributions as conveyed by the NCL. 7. IN NO EVENT SHALL NOVELL, YOU OR ANY OTHER CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (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 (INCLUDING NEGLIGENCE OR OTHERWISE). 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 NOVELL COOPERATIVE LICENSE NOTICE The contents of this file are subject to the Novell Cooperative License 1.0 (the "Agreement"); you may not use or distribute this file except in compliance with the Agreement. You may obtain a copy of the Agreement at [URL]. Software and documentation distributed under the Agreement is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the Agreement for the specific language governing rights and limitations under the Agreement. The Contribution is _________________________________ code, released ___________________________________________________.