Hi, What do you all think of this license? I think this license may be non-Free. The main part which I don't like is the 'Notify' definition. This license is being used by an 'open-source' product now used by the Australian Government (MySource CMS, available at http://matrix.squiz.net).
Andrew -------------------------------------------------------------- Squiz.Net Open Source Licence Agreement Version 1.1 Squiz Pty Ltd (ABN 77 084 670 600) (Squiz.Net, Us or We) is the original creator of software known as "MySource" (or sometimes as "MySource Matrix") and promoter of Modifications (Modifications are defined in Clause 4.2) which are created by Squiz.Net or assigned or licensed to Squiz.Net by the user under this Licence or any other user under a licence on these terms (the Software). This licence (the Licence) applies between Us and each user of the Software (You, which includes the organisation in, or for, which you use the Software). This Licence also applies to each distributed copy or extract of the Software. PLEASE READ THIS LICENCE CAREFULLY BEFORE DOWNLOADING, COPYING, USING OR INSTALLING THE SOFTWARE. BY DOWLOADING, COPYING, USING OR INSTALLING SOFTWARE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENCE. Preamble Squiz.Net is dedicated to the goals of open source software development. Use of the source code of the Software on the terms of this Licence, including to modify and distribute it, is encouraged. That is what Clause 1 of this Licence addresses. Copyright law gives Squiz.Net certain rights in relation to the code We have created. Unlike a proprietary approach to software licensing (where those rights are used to restrict others modifying and distributing the software), We use those rights positively to license on terms allowing modification and distribution (ie the terms of this Licence). Copyright thereby becomes a tool for Us to ensure all users of the Software comply with the open source objectives of this Licence. To make that apply to Modifications users create, this Licence causes intellectual property rights in Modifications to be assigned or licensed back to Squiz.Net - which then become part of the "Software". That is what Clause 2 of this Licence addresses. As the creator and copyright holder of the Software, Squiz.Net have the right to make the Software available under alternate licences with differing obligations to this Licence. Rather than employ a dual licensing model (as used by some other open source projects) and for the reassurance of all users of the Software, We have chosen to detail the method by which Squiz.Net may choose to conditionally release You from some of Your Licence obligations in Clause 3. 1. Right of use 1.1 Subject to Clause 2 and the legal rights of any third party, You are granted a non-exclusive right to install, view, copy, modify, alter and add to the Software (in source or object code form) in any way. However: (a) You must not introduce any virus, worm, trojan horse or malicious code into the Software; (b) You must not remove or alter any copyright notice; and (c) in any redistribution of Software or Modifications, you must make clear what code You have changed and the date of the change in a way to clearly distinguish it from other code. 1.2 Subject to Clause 2 and the legal rights of a third party, You are granted a non-exclusive right to distribute (using the terms of this Licence without alteration or addition) all or part of the Software (in source or object code form) without having to make any kind of payment to Us. To avoid doubt Your right of distribution includes a right to distribute Modifications to the Software which also constitute Software under this Licence. 1.3 Nothing in this Licence prevents: (a) distribution of the Software as a component of an aggregate software distribution containing programs from several different sources; (b) use of the Software in a business or a particular field of endeavour; or (c) use of all or part of the Software together with, or as part of, another computer program, however, this Licence applies, and You must ensure that it continues to apply, to each part of the Software (including Modifications of it) despite any such distribution or use. This Licence does not apply to any computer program other than the Software, even if that program is distributed along with the Software. 1.4 If You distribute all or part of the Software You must do so in source code form (regardless of whether you also distribute an object code form). 2. Intellectual Property 2.1 You agree that Squiz.Net controls all intellectual property rights (including copyright) in every aspect of the Software, including source code and related documentation. 2.2 Where Squiz.Net has created source code of Software, we believe that it does not infringe another person's copyright, but we make no representations as to patent infringement. 2.3 It is Your responsibility to investigate and obtain permission from the holder of any patent for use of any patent used by the Software and to pay any royalties to the patent holder in connection with Your use of such a patent. However, to avoid doubt, the rights in clauses 1.1 and 1.2 include a right to use all relevant patents held by Squiz.Net or which are assigned or licensed to Squiz.Net under clause 2 of this Licence or under clause 2 of a licence by Squiz.Net to another user on the terms of this Licence. 2.4 If You alter, modify or add to the Software, You are expected to assign all of Your intellectual property rights (including copyright and patent rights) in any Modifications to Squiz.Net including copyright in any compilation comprised of any part of the original source code of the Software and Your Modifications to the Software. If you agree to assign the copyright of Your Modifications, Squiz will grant You and every other user of the Software a perpetual, world-wide, royalty-free, non-revokable, non-exclusive licence to use the Modifications. 2.5 You agree to waive all moral rights that You may have in any Modifications You make. You consent to the use of Your Modifications by Squiz.Net or any other user under a licence on the terms of this or another substantially similar licence, even if you might regard that use as derogatory treatment under moral rights laws. 2.6 If You make available to Squiz.Net, or any other user, any of Your Modifications, You represent to Us that these are Your original work and that, as far as You are aware, neither it or its assignment, licence or use under this Licence or another licence on these terms infringes the intellectual property rights of any other person other than a patent identified by a notation made in the source code you have made available. 2.7 If the assignment in clause 2.4 is ineffective or does not occur for any reason, You grant to Squiz.Net a royalty free, perpetual, worldwide licence to use all intellectual property rights You have in all Modifications to the Software, including the right to grant licences to others on the terms of this or another substantially similar Licence. 2.8 You must Notify Squiz.Net within 30 days of making any Modifications even if You do not intend to distribute those Modifications. Notify is defined in Clause 4.2 below. If Your Modifications are incomplete, You must still Notify Squiz of the status of your progress not less frequently than once every 30 days. If You do not Notify Squiz.Net of Modifications You have made (complete or not) within 30 days, Squiz.Net may deem that you have opted to limit your obligations in accordance with Clause 3 and as such Squiz.Net may reasonably charge You the consideration indicated in Clause 3. 2.9 Squiz may choose to publish any notice you provide in accordance with Clause 2.8 on its website or elsewhere for the benefit of other users of the Software. You hereby grant Squiz.Net the right to publish Your notice where We see fit. You will not charge Squiz.Net any fee for this right. 2.10 You are obliged to promptly provide a copy of any Modifications You make to any other party that requests a copy of Your Modifications and in a format reasonably requested by them. You may not charge any fee for complying with this obligation except for the reimbursement of reasonable costs. If you provide Squiz.Net with a copy of Your Modifications and Squiz.Net make Your Modifications available for download from Our website, then this will be deemed to satisfy the requirements of this clause. 3. Option to Limit Obligation 3.1 In return for a mutually agreed consideration, Squiz.Net may, at its own discretion and without requirement, choose to conditionally release You from some of Your obligations under this Licence. Specifically, Squiz.Net may choose to conditionally waive Your obligation to: (a) distribute Modifications under the same terms as this Licence as specified in Clause 1.1; (b) assign copyright to Squiz.Net as specified in Clause 2.4; (c) grant Squiz.Net perpetual royalty free use of Your Modifications as specified in Clause 2.7; (d) Notify Squiz of Your Modifications as specified in Clause 2.8; or (e) provide copies of your Modifications on request as specified in Clause 2.10. For this Clause to operate, you must: (i) have the written consent of Squiz.Net; (ii) adhere to all of the conditions of Squiz.Net's written consent; and (iii) have paid the agreed consideration in full. 4. General Terms and Conditions 4.1 Interpretation Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise: (a) Examples given in this Licence are non-limiting. The words "including" and "includes" are non-limiting; (b) words in the singular number include the plural and vice versa; (c) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings; and (d) the Preamble is for convenience only, does not form part of this Licence and does not affect interpretation. 4.2 Definitions In addition to definitions appearing elsewhere in this Licence, the following definitions apply unless the context requires otherwise. Modifications means any alterations, additions, enhancements, extensions, modules, developments, versions, releases, corrections, fixes, Related Documentation, adaptations, translations and derivative works of that software (collectively called), whether in source or object code. To avoid doubt if You extend or enhance the Software through the creation of new functionality that may be optionally installed (commonly called "modules" or "custom assets"), and these extensions or enhancements are specifically written to operate primarily with the Software, then these extensions or enhancements are also to be considered Modifications and must therefore be covered by the terms of this Licence. Notify means You must provide Squiz.Net a clear and succinct written notice of any Modifications You make. The Notice must as a minimum: (a) explain the purpose of the Modifications; and (b) provide information on how You may be easily contacted. You must supply this notice to Squiz by one of the following methods: (i) by mailing it to Squiz.Net's registered office (92 Jarrett Street Leichhardt 2040, Sydney NSW Australia at the time this licence was written); (ii) by faxing it to Squiz.Net's registered office (+61 2 9568 6733 at the time this licence was written); (iii) by submitting it through the form provided at Squiz's website (http://www.squiz.net); or (iv) by placing the Notice in an obvious and relevant public place such as publicly accessible website where the notice will not be removed for at least 12 months. It is Your responsibility to ensure that the notice is received by Squiz.Net. Related Documentation means any literature or materials of any kind that You provide in written or electronic form in connection the Software, including training, promotional or sales literature or materials. 4.3 You bear Your own costs You must bear Your own costs and expenses in relation to the exercise of any right under this Licence. 4.4 Further assurances You must take all steps and do everything reasonably required by Squiz.Net to give effect to any of the transactions contemplated by this Licence, including the assignment of intellectual property rights under clause 2. 4.5 Entire agreement This Licence contains the entire agreement between You and Squiz.Net as at the date of this Licence with respect to its subject matter and supersedes all prior representations, promises, agreements and understandings between the parties connected with the Software in any way. 4.6 Governing Law This Licence is governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of courts there. 4.7 Severability Any provision of this Licence which is prohibited or unenforceable under any applicable law will be ineffective in the jurisdiction where that law applies, to the extent of the prohibition or unenforceability. That will not invalidate the remaining provisions of this Licence nor affect the validity or enforceability of that provision in any other jurisdiction. 4.8 No Warranty or Assertion of Fitness of Use We provide You with the Software at no cost and make it freely available for you to access so that You may conduct your own evaluation processes and determine if the Software is suitable for Your intended use. Representations made by Squiz.Net with regard to the Software assume that Squiz.Net has been specifically and separately commissioned by You (and appropriately remunerated by You) to provide installation, support, development and/or warranty services. This Licence does not grant You any rights as to fitness of purpose. 4.9 SOFTWARE PROVIDED "AS IS" YOU ACKNOWLEDGE THAT SQUIZ.NET PROVIDES THE SOFTWARE TO YOU "AS IS" AND, TO THE EXTENT PERMITTED BY LAW, SQUIZ.NET IS NOT LIABLE FOR YOUR USE OF THE SOFTWARE OR EXERCISE OF ANY RIGHT UNDER THIS LICENCE, WHETHER IN CONTRACT, NEGLIGENCE, OTHER TORTS, UNDER STATUTE OR OTHERWISE. YOU MUST ENSURE THE SOFTWARE IS FIT FOR YOUR INTENDED USE AND OTHERWISE OF A QUALITY THAT YOU REQUIRE. 4.10 LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL TERMS, CONDITIONS, WARRANTIES, UNDERTAKINGS, INDUCEMENTS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED BY LEGISLATION, THE COMMON LAW, EQUITY, TRADE, CUSTOM OR USAGE OR OTHERWISE RELATING TO THE PROVISION BY US OF THE SOFTWARE ARE EXPRESSLY EXCLUDED. IF A WARRANTY OR CONDITION IMPLIED BY LAW IS NOT EFFECTIVELY EXCLUDED BY THIS PROVISION, SQUIZ.NET'S LIABILITY TO YOU IN RESPECT OF ANY BREACH OF THAT WARRANTY OR CONDITION IS LIMITED, AT SQUIZ.NET'S ELECTION, EITHER TO THE RESUPPLY OF THE SOFTWARE TO YOU OR THE COST OF RESUPPLY OF THE SOFTWARE TO YOU. SQUIZ.NET WILL NOT BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF SAVINGS OR DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF OR IN CONNECTION WITH THE SUPPLY OF THE SOFTWARE UNDER THIS LICENCE, REGARDLESS OF WHETHER SQUIZ.NET WAS INFORMED OF THE POSSIBILITY OF THOSE LOSSES. IN NO EVENT WILL SQUIZ.NET'S AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, NEGLIGENCE, OTHER TORT, UNDER STATUTE OR OTHERWISE) EXCEED THE GREATER OF AUD$10 OR THE AMOUNT OF ANY ROYALTY YOU HAVE PAID TO SQUIZ.NET 4.11 Contributory Loss Any liability that Squiz.Net has for any loss You suffer shall be reduced to the extent that You or a third party are responsible for that loss (regardless, in the case of a third party, of whether You recover against that third party). 4.12 No Authority Apart From This Licence Squiz.Net grants no right of use of the Software apart from the rights in this Licence. Any use of the Software, or any part of it, other than in accordance with this Licence is prohibited. 4.13 Survivability In the event Squiz.Net become insolvent or cease trading You may retain all rights granted by this license perpetually and irrevocably. 4.14 Termination This Licence and the rights granted to You by Squiz.Net, in particular those rights granted by Clauses 1.1 and 1.2, will terminate automatically if: (a) You knowingly fail to comply with its terms and in particular the terms of Clause 3.1; (b) You initiate or threaten legal proceedings of any kind against Squiz.Net; (c) Squiz.Net provides you with the Software under another licence, for example a newer version of this Licence, and you agree to be bound by its terms; or (d) You and Squiz.Net agree in writing. In the event that this Licence is terminated You remain bound to comply with the obligations stated in Clause 1 and 2 of this Licence. -- Andrew Donnellan http://andrewdonnellan.com http://ajdlinux.blogspot.com Jabber - [EMAIL PROTECTED] ------------------------------- Member of Linux Australia - http://linux.org.au Debian user - http://debian.org Get free rewards - http://ezyrewards.com/?id=23484 OpenNIC user - http://www.opennic.unrated.net